HomeMy WebLinkAbout2019 12 03 PC Recommendations - SIGNED
JEFFERSON COUNTY
PLANNING COMMISSION
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | email: PlanComm@co.jefferson.wa.us
http://www.co.jefferson.wa.us/580/Planning-Commission
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To: Board of County Commissioners
From: Planning Commission
Date: December 3, 2019
Subject: Planning Commission recommendations on proposed amendments to the Unified
Development Code, Title 8 and Title 18 relating to shooting facilities in unincorporated
Jefferson County
Honorable Commissioners Dean, Sullivan and Brotherton:
The Jefferson County Planning Commission is pleased to transmit to the Board of County Commissioners
(“BoCC”) our recommended draft ordinance modifying Title 8 and 18 Jefferson County Code (“JCC”)
relating to shooting facilities. The findings and recommendations presented in this transmittal, were
approved with a vote of the Planning Commission of 7-0 with one abstention on November 25, 2019.
This report summarizes the process and the work product related to the proposed ordinance.
The Jefferson County Planning Commission respectfully puts forward the following recommendations. We
further recommend that these recommended regulations be adopted even if the County’s appeal of the
Growth Management Hearings Board’s decision is successful. We feel these recommended regulations
better reflect widely held sentiments in Jefferson County based upon the hearing record.
Process
On September 16, 2019, the Western Washington Growth Management Hearings Board (“Growth Board”)
issued its Final Decision and Order in Case No. 19-02-0003-c, which invalidated Jefferson County
Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) and Ordinance No. 15-1214-18 (Title 18 –
Land Use Code) under the Growth Management Act (GMA, Chapter 36.70A RCW) and remanded them to
Jefferson County to achieve compliance as addressed in the Final Decision and Order with compliance due
on March 2, 2020. On September 23, 2019, the BoCC asked the Planning Commission to begin work
immediately, in coordination with County staff, on legislation to revise the two ordinances to address the
Growth Board’s Final Decision and Order.
On October 16, 2019, staff provided the Planning Commission a staff report (attached as Appendix 1)
with proposed revised Title 8 and Title 18 ordinances attached as Appendix A and Appendix B,
respectively. With strikeouts and underlining, Appendix A is compared to Ordinance No. 12-1102-18
(Title 8 - Health and Safety Code) and Appendix B is compared to Ordinance No. 15-1214-18 (Title 18 –
Land Use Code).
Appendix A:
Eliminates language referenced in the Growth Board Decision that made Ordinance 12-1102-18 a
development regulation.
Eliminates language that suggests it places controls on land.
Does not apply only to new commercial shooting facilities (“CSFs”). This is important to satisfy
the BoCC direction for uniform regulations.
Changes the County department in charge of enforcement from the Department of Community
Development (“DCD”) to the Environmental Public Health Division.
Planning Commission Recommendations on
Ordinances Modifying Title 8 and Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
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Refers to the new Hearing Examiner Code. The Hearing Examiner Code was revised and now in
Chapter 2.30 JCC.
Does not adopt any “bright line” land use terms—they probably will make the ordinance a
development regulation.
Appendix B:
Maintains fixes to Title 18 Loopholes and maintains all Conditional Use Permit (“CUP”) Approval
Criteria.
Keeps commercial shooting facilities in small scale recreational and tourist uses in order to
maintain protection of resource lands, as discussed in the Growth Board Decision.
Maintains commercial shooting facilities as a CUP in Commercial Forest, Rural Forest, and
Inholding Forest zoning districts as approved in Ordinance 15-1214-18 which was previously
recommended by the Planning Commission and approved by the County Commissioners, except
for removing indoor commercial shooting facilities from resource lands to further protect them, as
discussed in the Growth Board Decision.
Limits the amount of Forest Resource Lands that can be used for commercial shooting facilities to
protect resource lands, as discussed in the Growth Board Decision.
Amends JCC 18.15.045 (“Unnamed Uses”) to make clear that the Table 3-1 and 3A-1 controls
when the table prohibits or only authorizes a discretionary “D” use for unnamed uses or unnamed
facilities in a zone.
Adds a section on commercial shooting facilities to make certain it is a named use.
Receives possible land use provisions of Ordinance 12-1102-18 (Title 8) that may have made
that ordinance a development regulation.
Refers to the new Hearing Examiner Code. The Hearing Examiner Code was revised and now in
Chapter 2.30 JCC.
In the staff report, staff stated they believe these draft ordinances attached as Appendix A and Appendix
B fully comply with GMA and all statutory and constitutional requirements discussed above.
Staff briefed the Planning Commission on October 16 and October 25, 2019 on the staff report, including
Appendix A and Appendix B. The Planning Commission discussed Appendix A and Appendix B on
October 28, 2019. A notice of hearing was published for a hearing on November 5, 2019.
Public Hearing
The Planning Commission held a public hearing, accepting verbal and written testimony, on Appendix A
and Appendix B on November 5, 2019. The Planning Commission accepted written comments from
October 23, 2019 until November 8, 2019 regarding Appendix A and Appendix B. The Planning
Commission deliberated on Appendix A and Appendix B on November 13, 20, and 25, 2019.
Proposed Amendments to Unified Development Code
The Planning Commission recommends amending Ordinance No. 12-1102-18 (Title 8 Ordinance) and
Ordinance No. 15-1214-18 (Title 18 Ordinance), as reflected in the attached Appendix 2 (Title 8
Ordinance) and Appendix 3 (Title 18 Ordinance).
The significant change in Appendix 2 (Title 8 Ordinance) is in adding a new definition of “Firearms
allowed at commercial shooting facilities”:
(26) “Firearms allowed at commercial shooting facilities” means weapons that can be
legally, owned, carried and discharged in accordance with the laws of Washington under
Chapter 9.41 RCW (“Firearms and Dangerous Weapons”) and not additional weaponry in
use by military forces which require specialized authorization, training and training
grounds. Machine guns, destructive devices, and certain other firearms are prohibited on
commercial shooting facilities. The definition of these items may be found in Title 26
Planning Commission Recommendations on
Ordinances Modifying Title 8 and Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners
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U.S.C., Chapter 53, section 5845, also known as the National Firearms Act. Examples are: any select fire firearm (aka full-auto), mortar, rocket launcher, grenade, Molotov cocktail. The intent of this proposed change is to preclude any military type weapons from being used at commercial shooting facilities.
The significant change in Appendix 3 (Title 18 Ordinance) is to: (1) Limit new commercial shooting facilities to allow indoor shooting ranges as a discretionary use in all commercial and industrial zoning districts (except resource based industrial zoning district), subject to review under the State
Environmental Policy Act; and, (2) State that outdoor shooting ranges, except those that qualify as a legal nonconforming use under JCC 18.20.260, shall not be allowed in Jefferson County in order to protect the
rural lifestyle, peace, health and safety of Jefferson County residents as well and to avoid impacts to both wild and domestic animals.
Required Findings
In support of this recommendation for the Comprehensive Plan and Unified Development Code amendments, the Planning Commission enters the following findings and conclusions: I. Required findings; adapted from JCC 18.45.080 (1)(b)(i-iii) (i) Have circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive
Plan? The Planning Commission finds that the Comprehensive Plan’s development regulations (Title 18, Jefferson County Code / Unified Development Code) require updates to ensure consistency, improve usability, and close loopholes. Circumstances have substantially changed in the County requiring these updates, including the Growth Board’s decision invalidating Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) and Ordinance No. 15-1214-18 (Title 18 – Land Use Code)
(ii) Are the assumptions upon which the Jefferson County Comprehensive Plan is based no
longer valid; or is new information available which was not considered during the adoption process or any annual amendments of the Jefferson County Comprehensive
Plan? The assumptions upon which the Jefferson County Comprehensive Plan was based are still valid; however, the Planning Commission finds that new information relating to shooting facilities is available, which was not considered in the 2018 periodic review and update of the Comprehensive Plan and development regulations. The new information available should necessitate updates to the Comprehensive Plan’s development regulations.
(iii) Does the proposed amendment reflect current, widely held values of the residents of
Jefferson County? The Planning Commission finds the proposal reflects currently widely held values. The Planning Commission received extensive public comment on this proposal. The proposal clarifies definitions, updates references, expressly allows previously unnamed uses as a Discretionary use, and limits commercial shooting facilities to indoors only in rural/UGA commercial and rural/UGA industrial zoning districts (excluding resource based industrial district), under the Allowable and Prohibited
Planning Commission Recommendations on
Ordinances Modifying Title 8 and Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners
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Uses Table. As currently adopted, an unnamed use may be located in substantially more zoning districts than this proposal. The Planning Commission finds that the proposal reflects currently widely held values. II. Required Findings from JCC 18.45.050(4)(b)(i) through (4)(b)(vii) Growth Management Indicators
i) Is growth and development as envisioned in the Comprehensive Plan occurring faster or
slower than anticipated, or is it failing to materialize? The Planning Commission finds that they do not have enough information to determine if growth is occurring at the rate envisioned in the Comprehensive Plan, as the projections were recently updated in December 2018. However, it appears that the growth is occurring as envisioned in the Comprehensive Plan.
ii) Has the capacity of the county to provide adequate services diminished or increased? The Planning Commission finds that the capacity of the County to provide adequate services has not diminished or increased relating to this proposal. iii) Is there sufficient urban land, as designated and zoned to meet projected demand and need? The Planning Commission finds there is sufficient urban land as designated and zoned to meet projected demand and need. iv) Are any of the assumptions upon which the plan is based no longer found to be valid? The Planning Commission finds that all assumptions in the Comprehensive Plan are valid. v) Are there changes in the county-wide attitudes? Do they necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive
Plan Vision Statement? The Planning Commission finds that the county-wide attitudes relating to commercial shooting facilities, siting issued, and potential loopholes has changed since the adoption of the periodic review and update of the Comprehensive Plan and its development regulations. The proposal does not necessitate amendments to the goals or basic values embodied within the Comprehensive Plan Vision State and the proposal brings the development regulations into better conformance with the Comprehensive Plan. vi) Are there changes in circumstances which dictate a need for amendment to the
Comprehensive Plan? The Planning Commission finds that changes in circumstances require the proposal, which updates the Comprehensive Plan’s development regulations. This includes changes in county-wide attitudes relating to commercial shooting facilities, siting issues, and potential loopholes in the Comprehensive Plan’s development regulations. vii) Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the Countywide Planning Policies for Jefferson County?
Planning Commission Recommendations on
Ordinances Modifying Title 8 and Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners
5
The Planning Commission finds that there are no inconsistencies between the Comprehensive Plan, GMA, and County-wide Planning Policies. III. Additional Findings from JCC 18.45.080(1)(c)(i-vii) i) The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services (e.g., sheriff, fire and emergency medical services, parks, fire flow, and general governmental services); The Planning Commission finds that this is not applicable to the proposal. The proposal is not site-specific. ii) The proposed site-specific amendment is consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan; The Planning Commission finds that the proposal, while not a site-specific amendment, is consistent with the Jefferson County Comprehensive Plan. The proposal clarifies definitions, updates references, expressly allows previously unnamed uses as a Discretionary use, and limits commercial shooting facilities to indoors only in rural/UGA commercial and rural/UGA industrial zoning districts (excluding resource based industrial district), under the Allowable and Prohibited Uses Table. As currently adopted, commercial shooting facilities are an unnamed use under the Jefferson County Code, which may result in an allowable or conditional use in all zoning districts. The proposal requires all site-specific proposals to be processed as Discretionary use, which requires the site-specific proposal to be consistent with the Comprehensive Plan and the State Environmental Policy Act, in their entirety. iii) The proposed site-specific amendment will not result in probable significant adverse impacts to the county’s transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities; The Planning Commission finds that the proposal, while not a site-specific amendment, does not result in probable significant adverse impact to the County’s transportation network, capital facilities, utilities, parks, and environmental features. All site-specific indoor commercial shooting facilities will be processed as a Discretionary use, requiring compliance with the Discretionary use approval criteria and the State Environmental Policy Act. The proposal is currently undergoing SEPA review and a threshold determination has not been issued yet. iv) In the case of a site-specific amendment to the Land Use Map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including, but not limited to, the following: a. Access; b. Provision of utilities; and c. Compatibility with existing and planning surrounding land uses; The Planning Commission finds that these criteria are not applicable to the proposal.
Planning Commission Recommendations on
Ordinances Modifying Title 8 and Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners
6
v) The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the county as a whole; The Planning Commission finds that the proposal, while not a site-specific amendment, will not create pressure to change the land use designation of other properties. The proposal clarifies definitions, updates references, expressly allows previously unnamed uses as a Discretionary use, and limits commercial shooting facilities to indoors only in rural/UGA commercial and rural/UGA industrial zoning districts (excluding resource based industrial district), under the Allowable and Prohibited Uses Table. As currently adopted, commercial shooting facilities are an unnamed use under the Jefferson County Code, which may result in an allowable or conditional use in all zoning districts. The proposal limits potential future pressure to change the land use designation of other properties.
vi) The proposed site-specific amendment does not materially affect the land use and population
growth projections that are the bases of the Comprehensive Plan; The Planning Commission finds that the proposal, while not a site-specific amendment, does not materially affect the land use and population projections that are the basis of the Comprehensive Plan. The proposal clarifies definitions, updates references, expressly allows previously unnamed uses as a Discretionary use, and limits commercial shooting facilities to indoors only in rural/UGA commercial and rural/UGA industrial zoning districts (excluding resource based industrial district), under the Allowable and Prohibited Uses Table. As currently adopted, commercial shooting facilities are an unnamed use under the Jefferson County Code, which may result in an allowable or conditional use in all zoning districts.
vii) If within an unincorporated urban growth area (“UGA”), the proposed site-specific amendment
does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA;
The Planning Commission finds that this proposal, while not a site-specific amendment, will not materially affect the adequacy or availability of urban facilities and services to the immediate area of the overall UGA. Commercial shooting facilities will be a Discretionary use in all rural/UGA commercial and all rural/UGA industrial zoning districts (excluding resource based industrial district). While this is an expansion of the UGA commercial and industrial zoning district uses; this does not result in an up-zoning, additional commercial or industrial properties, or any other site-specific changes that would impacts these criteria. viii) The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the County-Wide Planning Policy for Jefferson County, any other applicable inter-jurisdictional policies or agreements, and any other local, state or federal laws. The Planning Commission finds that the proposal, while not a site-specific amendment, is consistent with the Jefferson County Comprehensive Plan, GMA, the Jefferson County county-wide Planning Policies, and other applicable regulations, rules, or statutes. The proposal clarifies definitions, updates references, expressly allows previously unnamed uses as a Discretionary use, and limits commercial shooting facilities to indoors only in rural/UGA commercial and rural/UGA industrial zoning districts (excluding resource based industrial district), under the Allowable and Prohibited Uses Table. As currently adopted, commercial
PC Reoommendations
Ordinance Modifying Tltle 8 and TiUe 18 JCC re Commercial Shooting Facillties
To Board of County Convnissioners
shooting facilitin are an unnamed use under the Jefferson County Code, which
may result in an allowable or conditional use in all zoning districts. The proposal
requires all site-specific proposals to be proces.-sed as Discretionary use, which
requires the site--specific proposal to be consistent with the Comprehensive Plan,
in its ehtirety.
[end of required findings)
Recommendations
Based upon formal deliberation concerning these proposed amendments reviewed under MLA 18-00098,
the Planning Commission recommendations for consideration by the Board of County Commissioners
revised proposed ordinances attached as Appendix C (Title 8) and Appendix D (Trtle 18).
The Planning Commission wishes to thank the BoCC for the opportunity to work in our communities and
bring forward these recommendations. We look forward to working with the BoCC on the Crttical Areas
Ordinance.
Transmitted File Location
The transmitted files that accompany these finding and reoommendations are located in tile Community
Development Laserfiche repository, accessible with the following web link:
http:llteslco.iefferson.wa.uslweblinkexternaVOlfoV18980731Row1 asox
Sincerely,
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Planning Commission Recommendations on
Ordinances Modifying Title 8 and Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners
APPENDIX 1
STAFF REPORT TO THE PLANNING
COMMISSION
ON THE REGULATION OF
COMMERCIAL SHOOTING FACILITIES
October 16, 2019
Michelle Farfan,
Associate Planner,
Department of Community Development
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TABLE OF CONTENTS
1. INTRODUCTION .................................................................................................................... 1
2. THE EXISTING LEGAL FRAMEWORK .............................................................................. 2
2.1. Growth Management Act (GMA) Principles ................................................................... 2
2.1.3. Development Regulations ............................................................................................. 4
2.2.1. Jefferson County’s Conditional Use Approval Criteria ................................................ 5
2.2.2. Outdoor Shooting Ranges Before Ordinance 12-1101-18. ........................................... 6
2.3. The Supremacy Principle ................................................................................................. 7
2.3.1. WAC 365-196-725 Applies the Supremacy Principle to GMA ................................... 7
2.3.2. The Supremacy Principle Explained ............................................................................. 7
2.4. The Constitutional Right to Bear Arms ........................................................................... 7
2.5. State Preemption of Firearms Regulations and Its Exceptions ................................. 8
2.6. The Constitutional Power of Counties to Adopt Health and Safety Regulations ............ 9
2.7. The Draft Ordinances Rely on Exemptions to Preemption ...................................... 9
2.8. Regulation of Noise in Washington—Two Types of Noise Regulations ........................ 9
2.8.1. Regulation of Noise Based on Maximum Noise Levels. .......................................... 9
2.8.2. Regulation of Noise Based on Nuisance. ................................................................ 10
2.9. WAC 173-60-060—Nuisance Regulations Not Prohibited .................................... 10
2.10. “Exempt Noise” Related to Shooting ............................................................................. 11
2.11. Limits on Adoption of Local Noise Ordinances ..................................................... 12
2.12. JCC Exempts the Lawful Discharge of Firearms from its Noise Ordinance .......... 12
2.13. The State Environmental Policy Act (SEPA) ................................................................ 12
2.14. Constitutional and Statutory Protection of Applicants ................................................... 13
2.14.1. Property Rights Limitations .................................................................................... 13
2.14.2. Equal Protection Must be Afforded ........................................................................ 14
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2.14.3. Limits on Ordinances that Are Arbitrary, Capricious, Unlawful, or Exceed Lawful Authority ........................................................................................................................... 14
2.15. County Growth Management Policies Implement these Limitations ..................... 15
3. STAFF RECOMMENDATIONS ........................................................................................... 15
4. SEPA COMPLIANCE FOR THE DRAFT ORDINANCES ................................................. 16
5. CONCLUSION ....................................................................................................................... 16
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1. INTRODUCTION
On September 16, 2019, the Western Washington Growth Management Hearings Board (Growth Board) issued its Final Decision and Order in Case No. 19-02-0003-c, which invalidated Jefferson County Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) and Ordinance No. 15-1214-
18 (Title 18 – Land Use Code) under the Growth Management Act (GMA, Chapter 36.70A RCW) and remanded them to Jefferson County to achieve compliance as addressed in the Final Decision and Order with compliance due on March 2, 2020. On September 23, 2019, the County Commissioners asked the Planning Commission to begin work immediately, in coordination with County staff, on legislation to revise the two ordinances to address the Growth Board’s Final
Decision and Order.
This staff report presents the Jefferson County staff’s recommendations to the Jefferson County Planning Commission (Planning Commission) regarding proposed amendments to Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) and Ordinance No. 15-1214-18 (Title 18 – Land Use Code). These amendments are designed address the Growth Board’s Final Decision and
Order, while ensuring compliance with Washington Constitution, Article I, Section 24, RCW 9.41.290, and the Second Amendment of the U.S. Constitution.
WAC 365-196-725(1) requires that the County consider the Supremacy Principle, which states: “Comprehensive plans and development regulations adopted under the act are subject to the supremacy principle of Article VI, United States Constitution and of Article XI, Section 11,
Washington state Constitution;” and,
Policy LU-P-1.2 of the 2018 Comprehensive Plan states that the County must follow the supremacy principle and “Acknowledge and protect the rights of private property owners in preparing land use, development, and environmental regulations, prohibit arbitrary and discriminatory actions, and preserve reasonable uses for regulated properties.
The revised ordinances are attached as Appendices A and B. With strikeouts and underlining, Appendix A is compared to Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) and Appendix B is compared to Ordinance No. 15-1214-18 (Title 18 – Land Use Code).
Appendix A:
• Eliminates language referenced in the Growth Board Decision that made Ordinance 12-1102-18 a development regulation.
• Eliminates language that suggests it places controls on land.
• Does not apply only to new CSFOs. This is important to satisfy the County
Commissioners’ direction for uniform regulations.
• Changes the County department in charge of enforcement from DCD to the Environmental Public Health Department.
• Refers to the new Hearing Examiner Code. The Hearing Examiner Code is being revised
and moved to Title 2.
• Does not adopt any “bright line” land use terms—they probably will make the ordinance a development regulation.
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Appendix B:
• Maintains fixes to Title 18 Loopholes and maintains all CUP Approval Criteria.
• Keeps commercial shooting facilities in small scale recreational and tourist uses in order to maintain protection of resource lands, as discussed in the Growth Board Decision.
• Maintains Zoning Location Decisions in Ordinance 15-1214-18 previously recommended
by the Planning Commission and approved by the County Commissioners, except for removing indoor commercial shooting facilities from resource lands to further protect them, as discussed in the Growth Board Decision.
• Limits the amount of Forrest Resource Lands of CSFOs that can be used for commercial
shooting facilities to protect resource lands, as discussed in the Growth Board Decision.
• Amends JCC 18.15.045 (Unnamed Uses) to make clear that the Table 3A-1 controls when the table prohibits or only authorizes a discretionary “D” use for unnamed uses or unnamed facilities in a zone.
• Adds a section on commercial shooting facilities to make certain it is a named use.
• Receives possible land use provisions of 12-1102-18 (Title 8) that may have made that ordinance a development regulation.
• Refers to the new Hearing Examiner Code. The Hearing Examiner Code is being revised
and moved to Title 2.
Staff believes these draft ordinances fully comply with GMA and all statutory and constitutional requirements discussed above.
2. THE EXISTING LEGAL FRAMEWORK
2.1. Growth Management Act (GMA) Principles
2.1.1. The Rural Element
All counties and cities are required to designate agricultural, forest lands and mineral resources that are not characterized by urban growth and have long term significance, and critical areas. RCW 36.70A.070.
[A] county should foster land use patterns and develop a local vision of rural character that will: Help preserve rural-based economies and traditional rural
lifestyles; encourage the economic prosperity of rural residents; foster opportunities for small-scale, rural-based employment and self-employment; permit the operation of rural-based agricultural, commercial, recreational, and tourist businesses that are consistent with existing and planned land use patterns; be compatible with the use of the land by wildlife and for fish and wildlife
habitat; foster the private stewardship of the land and preservation of open space; and enhance the rural sense of community and quality of life.
RCW 36.70A.011.
“Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources.” RCW 36.70A.070(5)(a). “The rural element shall
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permit rural development, forestry, and agriculture in rural areas.” RCW 36.70A.070(5)(b). “The rural element shall include measures that apply to rural development and protect the rural
character of the area, as established by the county, by:
(i) Containing or otherwise controlling rural development;
(ii) Assuring visual compatibility of rural development with the surrounding rural area;
(iii) Reducing the inappropriate conversion of undeveloped land into sprawling,
low-density development in the rural area;
(iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and groundwater resources; and
(v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.”
RCW 36.70A.070(5)(c). The “rural element may allow for limited areas of more intensive rural
development, including necessary public facilities and public services to serve the limited area as follows:
(i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, whether
characterized as shoreline development, villages, hamlets, rural activity centers,
or crossroads developments.
(A) A commercial, industrial, residential, shoreline, or mixed-use area are subject to the requirements of (d)(iv) of this subsection, but are not subject to the requirements of (c)(ii) and (iii) of this subsection.
(B) Any development or redevelopment other than an industrial area or an
industrial use within a mixed-use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population.
(C) Any development or redevelopment in terms of building size, scale, use,
or intensity shall be consistent with the character of the existing areas.
Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this subsection (5).”
RCW 36.70A.070(5)(d).
The intensification of development on lots containing, or new development of,
small-scale recreational or tourist uses,1 including commercial facilities to serve
1 Neither GMA nor its implementing regulations define “small-scale recreational or tourist uses.”
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those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist
use is not required to be principally designed to serve the existing and projected
rural population.
RCW 36.70A.070(5)(d)(ii).
“Rural counties may allow the expansion of small-scale businesses as long as those small-scale businesses conform with the rural character of the area as defined by the local government
according to RCW 36.70A.030(16).” RCW 36.70A.070(5)(d)(iii). “Rural counties may also
allow new small-scale businesses to utilize a site previously occupied by an existing business as long as the new small-scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(16). Id.
2.1.2. Conservation of Forest Lands
GMA imposes planning goals. RCW 36.70A.020. RCW 36.70A.020(8) states the following
goal for natural resource industries: “Maintain and enhance natural resource-based industries, including protective timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.” Allowing conversion of resource lands to other uses, or allowing incompatible uses nearby,
impairs the viability and productivity of resource industries. Richard L. Settle, Washington’s
Growth Management Revolution Goes to Court, 23 Seattle U.L. Rev. 5, 22 (1999). Development regulations must “assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of
food, agricultural products, or timber, or for the extraction of minerals.” RCW
36.70A.060(1)(a).
2.1.3. Development Regulations
RCW 36.70A.030(8) states:
“Development regulations” or “regulation” means the controls placed on
development or land use activities by a county or city, including, but not limited
to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit
application, as defined in RCW 36.70B.020, even though the decision may be
expressed in a resolution or ordinance of the legislative body of the county or city.
WAC 365-196-200(8) states:
“Development regulations” or “regulation” means the controls placed on development or land use activities by a county or city, including, but not limited
to, zoning ordinances, critical areas ordinances, shoreline master programs,
official controls, planned unit development ordinances, subdivision ordinances,
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and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit
application, as defined in RCW 36.70B.020, even though the decision may be
expressed in a resolution or ordinance of the legislative body of the county or city.
“Development regulations under the act are specific controls placed on development or land use activities by a county or city. Development regulations must be consistent with and implement comprehensive plans adopted pursuant to [GMA].” WAC 365-196-800(1). Regulations
designed “to protect the environment, ensure compatibility with neighbors through siting, design,
and land use regulations, constitute land use controls.” Final Decision and Order, 9.
2.2. Jefferson County’s Implementation of GMA
In Jefferson County, Title 18 JCC, is “a principal tool for implementing the goals and policies of the Jefferson County Comprehensive Plan, pursuant to the mandated provisions of the State of
Washington’s Growth Management Act (Chapter 36.70A RCW), Shoreline Management Act
(Chapter 90.58 RCW), Subdivisions Code (Chapter 58.17 RCW), State Environmental Policy Act (Chapter 43.21C RCW), and other applicable state and local laws.” JCC 18.05.020(1). JCC 18.05.020(1) also states:
No land shall be subdivided or developed for any purpose which is not in conformance with the
Comprehensive Plan or applicable provisions of this code.
2.2.1. Jefferson County’s Conditional Use Approval Criteria2
For any conditional use, the Jefferson County Code requires that “all of the following criteria are satisfied:”
(a) The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property;
(b) The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control;
(c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel;
(d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel;
(e) The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties;
(f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel;
2 Staff does not recommend changes to these criteria.
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(g) The conditional use complies with all other applicable criteria and standards of this title and any other applicable provisions of the Jefferson County Code or state law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC;
(h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield;
(i) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval;
(j) The conditional use has merit and value for the community as a whole;
(k) The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and
(l) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area.
JCC 18.40.530(1). (emphasis added). “In instances where all of the above findings cannot be made, the application shall be denied. JCC 18.40.530(2). (emphasis added).
2.2.2. Outdoor Shooting Ranges Before Ordinance 12-1101-18.
Prior to adoption of Ordinance 12-1101-18, JCC 18.20.350(1) stated:
Small-Scale Recreation and Tourist Uses. Small-scale recreational and tourist uses rely on a rural location and setting and provide opportunities to diversify the economy of rural Jefferson County by utilizing the county’s abundant recreational opportunities and scenic and natural amenities in an environmentally sensitive manner consistent with the rural character of the county. Upon approval pursuant to this code, these types of uses may be conducted in the land use districts specified in Table 3-1 in JCC 18.15.040 and as provided for in small-scale recreation and tourist (SRT) overlay districts under JCC 18.15.572. Agritourism on designated agricultural lands is regulated in JCC 18.20.030, agricultural activities and accessory uses. The following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of small-scale recreation or tourist uses:
(j) Outdoor shooting and archery ranges;
(Emphasis added).
The use table in Title 18 (JCC 18.15.040, Table 3-1) authorized “outdoor shooting ranges” under a conditional use permit in Commercial Forrest (CF), Rural Forrest (RF) and Inholding Forrest (IF) only. But indoor shooting ranges were not named uses.
“Small-scale recreation or tourist uses” was defined as “those isolated uses which are leisure or
recreational in nature; are reliant upon a rural setting or location; do not include any new residential
development beyond that allowed in the underlying land use district; and otherwise meet the performance standards in JCC 18.20.350. See RCW 36.70A.070(5)(d)(ii).” JCC 18.10.190. “Recreational uses,” and “tourist uses” were not defined in Title 18.
“Outdoor Shooting Range” was defined in JCC 18.10.150 as “See ‘Shooting Range.” “Shooting
Range” was defined in JCC 18.10.190 as meaning a “facility specifically designed and used for
safe shooting practice with firearms and/or for archery practice, with individual or group firing
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positions for specific weaponry.” 2018-025, 130 (emphasis added). “Firearms,” “group firing positions,” and, “specific weaponry” were not defined in Title 18. (Instead, “firearm” had been
defined in JCC 8.50.040, part of the Health and Safety Code. But the Title 8 definition was not
made applicable to Title 18.)
JCC 18.20.350(8) contained provisions related to “Outdoor Shooting Ranges.” However, there undefined and ambiguous terms. The word “ammunition” used in the former JCC 18.20.350(8)(a) was not defined. While the former JCC 18.20.350(8)(b) referred to a “National
Rifle Association Range Manual,” there is no such document. 2018-025, 136. The former JCC
18.20.350(8)(i) referred to “the approval authority,” but the definitions in Title 18 use the term “approving authority.” Further, “safety and noise factors” used in JCC 18.20.350(8)(i) is not defined.
2.3. The Supremacy Principle
2.3.1. WAC 365-196-725 Applies the Supremacy Principle to GMA
WAC 365-196-725(1) is a GMA regulation that states: “Comprehensive plans and development regulations adopted under the act are subject to the supremacy principle of Article VI, United States Constitution and of Article XI, Section 11, Washington state Constitution.”
2.3.2. The Supremacy Principle Explained
Article I, Section 2 of the Washington Constitution states, “The Constitution of the United States
is the supreme law of the land.”
There is a fundamental principle of Washington law sometimes called “the preemption doctrine,” that derives from Article VI of the United States Constitution, Article I, Section 2 of the Washington State Constitution, Article XI, Section 11 of the Washington Constitution, and
RCW 36.32.120(7) that the Washington Administrative Code (WAC) calls the “Supremacy
Principle,” which holds that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict.
Under the Supremacy Principle, state statutes and regulations cannot conflict with the United States Constitution, the Washington Constitution, and federal laws; and, local ordinances and
regulations cannot conflict with the United States Constitution, federal laws, the Washington
Constitution, or state laws.
2.4. The Constitutional Right to Bear Arms
The Washington Constitution, Article I, Section 24 protects the right to bear arms: “The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but
nothing in this section shall be construed as authorizing individuals or corporations to organize,
maintain or employ an armed body of men.” (Emphasis added.) According to the Washington Supreme Court, “This ‘right to bear arms’ is an individual right that exists in the context of that individual's defense of himself or the state.” City of Seattle v. Evans, 184 Wash. 2d 856, 862, 366 P.3d 906, 909 (2015). Washington Constitution, Article I, Section 24 is worded slightly differently
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from the Second Amendment of the U.S. Constitution, in that it makes clear on its face that the right is an individual right.
In contrast, the Second Amendment of the U.S. Constitution states: “A well regulated militia,
being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” However, in 2008, the U.S. Supreme Court decided D.C. v. Heller, 554 U.S. 570, 128 S. Ct. 2783 (2008), which held that the Second Amendment guarantees “the individual right to possess and carry weapons in case of confrontation.” Id., 554 U.S. at 592, 128 S. Ct. at
2797. In 2010, the U.S. Supreme Court made it clear that the Fourteenth Amendment makes the
Second Amendment right to keep and bear arms fully applicable to the States. McDonald v. City
of Chicago, Ill., 561 U.S. 778, 130 S. Ct. 3020, 3042, 177 L. Ed. 2d 894 (2010). In Heller, the U.S. Supreme Court made clear that this individual right applied to even “weapons that are most useful in military service—M–16 rifles and the like.” Id., 554 U.S. at 627-8, 128 S. Ct. at 2817.3
2.5. State Preemption of Firearms Regulations and Its Exceptions
RCW 9.41.290 provides that the State of Washington fully occupies and preempts the entire field
of firearms regulations within its boundaries, and counties may only enact ordinances as expressly authorized by RCW 9.41.300. Importantly, RCW 9.41.290 states:
Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in
RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall
have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or
municipality.
(Emphasis added.)
However, cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with Chapter 9.41 RCW.
RCW 36.32.120(7) provides that the county legislative authorities shall make and enforce, by
appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law.
3 “It may be objected that if weapons that are most useful in military service—M–16 rifles and the like—may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the
conception of the militia at the time of the Second Amendment's ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty. It may well
be true today that a militia, to be as effective as militias in the 18th century, would require sophisticated arms that are highly unusual in society at large. Indeed, it may be true that no amount of small arms could be useful against modern-day bombers and tanks. But the fact that modern developments have limited the degree of fit between the prefatory clause and the protected right cannot change our interpretation of the right.”
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RCW 9.41.300(2)(a) provides an exception to RCW 9.41.290 under which a county may, by ordinance, restrict the discharge of firearms in any portion of its jurisdiction where there is a
reasonable likelihood that humans, domestic animals, or property will be jeopardized so long as
such ordinance shall not abridge the right of the individual guaranteed by Article I, section 24 of the Washington Constitution to bear arms in defense of self or others.
2.6. The Constitutional Power of Counties to Adopt Health and Safety Regulations
The Washington Constitution, Article XI, Section 11, confers upon county legislative authorities
the police power to adopt regulations necessary to protect the health, safety, and well-being of its
residents.
2.7. The Draft Ordinances Rely on Exemptions to Preemption
The draft ordinances rely upon the Washington Constitution, Article XI, Section 11, RCW 9.41.300(2)(a), and, RCW 36.32.120(7).
2.8. Regulation of Noise in Washington—Two Types of Noise Regulations
There are two types of noise regulations: (1) Regulation of noise based on maximum noise levels;
and, (2) Regulation of noise based on nuisance.
2.8.1. Regulation of Noise Based on Maximum Noise Levels.
An example of regulation of noise based on maximum levels is JCC 8.70.050(1):
All of the following are defined as “public nuisance noises”:
Sound that originates from the property that exceeds the noise levels permitted by Chapter
173-60 WAC (Maximum Environmental Noise Levels), as that chapter now exists or as it
may hereafter be amended.
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2.8.2. Regulation of Noise Based on Nuisance.
An example of regulation of noise based on nuisance is JCC 8.70.050(2)-(11):
All of the following are defined as “public nuisance noises”:
(4) Between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday (example:
10:00 p.m. Sunday to 7:00 a.m. Monday) or between 11:00 p.m. and 7:00 a.m. on Friday or Saturday (example: 11:00 p.m. Friday to 7:00 a.m. Saturday), any sound made by persons or by use of a musical instrument, whistle, sound amplifier, portable audio equipment, or other device, electronic or not, capable of producing or reproducing sound,
which sound emanates frequently, repetitively, or continuously from any social gathering,
building, structure, or property, such as sound originating from a band session, tavern or bar operation, an indoor or outdoor social gathering, and where law enforcement determines the volume of such sound is such that it can be clearly heard by a person of normal hearing at a location which is (a) 150 feet or more from the source of the sound and
(b) not located on the property containing the source of the sound;
(5) Sound from portable audio equipment, including that found in or as part of a motor vehicle audio system, while traveling or parked in public streets, or in park areas, residential and commercial zones, or any area where residences, schools, human service facilities, or commercial establishments are in obvious proximity to the source of the sound,
and where the volume of such audio equipment is such that law enforcement determines it
can be clearly heard by a person of normal hearing at a distance of 150 feet or more from the source of the sound; provided, however, that this section shall not apply to persons operating portable audio equipment within a public park pursuant to an event sanctioned by a responsible authority under valid permit or license;
(8) Sound from the discharge or use of any explosive device between the hours of 10:00
p.m. and 7:00 a.m.;
(11) Sound which law enforcement determines unreasonably disturbs or interferes with the peace, comfort, and repose of one or more reasonable persons of normal hearing, regardless of the distance between the source of the public nuisance noise and the
person(s) being unreasonably disturbed or annoyed. Under this subsection, a sound
meter reading is not necessary to establish that a public nuisance noise exists;
(12) Any other noise that is otherwise prohibited by state or federal law.
2.9. WAC 173-60-060—Nuisance Regulations Not Prohibited
Nuisance regulations not prohibited.
Nothing in this chapter or the exemptions provided herein, shall be construed as
preventing local government from regulating noise from any source as a nuisance.
Local resolutions, ordinances, rules or regulations regulating noise on such a basis shall not be deemed inconsistent with this chapter by the department.
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2.10. “Exempt Noise” Related to Shooting
RCW 70.107.080 states:
Exemptions.
The [Department of Ecology] shall, in the exercise of rule-making power under this chapter, provide exemptions or specially limited regulations relating to recreational shooting and emergency or law enforcement equipment where appropriate in the interests of public safety.
The [Department of Ecology] in the development of rules under this chapter, shall
consult and take into consideration the land use policies and programs of local government.
JCC 8.70.060 states:
Exempt noises.
Sounds originating from the sources listed here do not constitute a violation of this
chapter, are not “public nuisance noises” and are defined as an “exempt noise” regardless of where or when they occur, unless otherwise noted.
(18) The lawful discharge of firearms;
(19) Sounds exempted under Chapter 173-60 WAC, as that chapter now exists or
as it may hereafter be amended.
(Emphasis added.)
Kitsap County v. Kitsap Rifle and Revolver Club, 184 Wash. App. 252, 280 (2014) states:
Sounds created by firearm discharges on authorized shooting ranges are exempt from KCC 10.28.040 (maximum permissible environmental noise levels) and KCC
10.28.145 (public disturbance noises) between the hours of 7:00 AM and 10:00
PM. KCC 10.28.050. The Washington Department of Ecology also exempts sounds created by firearms discharged on authorized shooting ranges from its maximum noise level regulations. RCW 70.107.080; WAC 173–60–050(1)(b). The Code broadly defines “firearm” as “any weapon or device by whatever name
known which will or is designed to expel a projectile by the action of an explosion,”
including rifles, pistols, shotguns, and machine guns. KCC 10.24.080(1). As a result, the noise from the weapons being fired at the Club’s range falls within the noise exemption provisions of KCC 10.28.050, and thus is exempt from the maximum permissible environmental noise levels and public disturbance noise
restrictions.
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2.11. Limits on Adoption of Local Noise Ordinances
• WAC 173-60-110(2): “No ordinance or resolution of any local government which
imposes noise control requirements differing from those adopted by the department
shall be effective unless and until approved by the director [of the Department of Ecology].”
• RCW 70.107.060: “Noise limiting requirements of local government which differ from those adopted or controlled by the department shall be invalid unless first
approved by the [Department of Ecology]. If the [Department of Ecology] fails to approve or disapprove standards submitted by local governmental jurisdictions within ninety days of submittal, such standards shall be deemed approved.”
2.12. JCC Exempts the Lawful Discharge of Firearms from its Noise Ordinance
In 2014, Jefferson County adopted Chapter 8.70 JCC (Noise Control), amidst significant public comment. The noise ordinance first proposed by staff was significantly revised after public
comment and testimony was received.
Currently, JCC 8.70.060(18) exempts from its regulation: “The lawful discharge of firearms.” (Emphasis added.)
2.13. The State Environmental Policy Act (SEPA)
Chapter 43.21C RCW, the State Environmental Policy Act (SEPA) provides a basis for regulation
of the siting of shooting ranges, including on the basis of noise. SEPA places responsibility on the County (and all agencies of the state) to:
[U]se all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:
(a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(b) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
(c) Attain the widest range of beneficial uses of the environment without
degradation, risk to health or safety, or other undesirable and unintended consequences;
(d) Preserve important historic, cultural, and natural aspects of our national heritage;
(e) Maintain, wherever possible, an environment which supports diversity and
variety of individual choice;
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(f) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and,
(g) Enhance the quality of renewable resources and approach the maximum
attainable recycling of depletable resources.
RCW 43.21C.020(2). “The legislature recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.” RCW 43.21C.020(3). SEPA
establishes a process to ensure that potential environmental impacts are identified, considered, and
mitigated prior to an action being taken that could adversely impact the environment. RCW 43.21C.060 and WAC 197-11.660.
SEPA is a state statute not a county law or ordinance. Regulation based on SEPA would not be preempted under RCW 9.41.290.
RCW 43.21C.135(1) authorizes the County to “adopt rules, ordinances, and resolutions which
incorporate any of the following by reference to the appropriate sections of the Washington Administrative Code:” (1) Rules and guidelines adopted under RCW 43.21C.110(1); and, model ordinances adopted by the department of ecology under RCW 43.21C.130. Chapter 197-11 WAC contains the regulations that implement RCW 43.21C.135(1). Jefferson County’s approved
SEPA-compliant regulation is Article X. Chapter 18.40 JCC, starting with JCC 18.40.700.
SEPA, its implementing rules, Chapter 197-11 WAC, and Chapter 18.40 JCC will require mitigation of noise before any new commercial shooting facility can be built. The County must use an environmental checklist substantially in the form found in WAC 197-11-960. WAC 197-11-315(1). See the noise portions in Section 7.b. of the SEPA checklist. WAC 197-11-960.4
Regulation of the siting of shooting ranges pursuant to SEPA provides a constitutionally permitted
basis for regulation that is not preempted by RCW 9.41.290 (shooting regulation preemption) or Chapter 173-60 WAC (noise preemption).
2.14. Constitutional and Statutory Protection of Applicants
In addition to the limitations on lawful shooting discussed above, the following additional
limitations on government action must be kept clearly in mind. These limitations could be a source
of liability for the County, if the County Commissioners were to pass regulation that does not have a rational basis or is directed at a particular person.
2.14.1. Property Rights Limitations
The United States and Washington Constitutions prohibit taking property without due process. Wash. Const. art. I, § 2 (1889) and U.S. Const. amend. XIV.
4 A complete SEPA checklist can be downloaded at https://ecology.wa.gov/DOE/files/d7/d7373ce2-12cb-4fd2-a0e1-1d25557ac187.pdf.
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Washington has a vested rights doctrine that applies to completed applications. This is codified in RCW 19.27.095(1), RCW 58.17.033(1), RCW 36.70B.180; Erickson & Assocs., Inc. v. McLerran,
123 Wash. 2d 864, 868, 872 P.2d 1090, 1093 (1994), Abbey Rd. Grp., LLC v. City of Bonney Lake,
167 Wash. 2d 242, 251, 218 P.3d 180, 183 (2009), Town of Woodway v. Snohomish Cty., 180
Wash. 2d 165, 173, 322 P.3d 1219, 1223 (2014). The County takes the position that vested rights is limited to those codified in the above statutes. However, the Washington Supreme Court limited its holding in a vested rights case in 2017 and did not reach this issue. Snohomish Cty. v. Pollution
Control Hearings Bd., 187 Wash. 2d 346, 359, 386 P.3d 1064, 1070 (2016), as amended (May 2,
2017), reconsideration denied (May 10, 2017).
A violation of rights under the U.S. Constitution is subject to liability under 42 U.S.C. Section 1983, including damages and reasonable attorney’s fees.
2.14.2. Equal Protection Must be Afforded
The constitutional guarantee of equal protection of law is a limitation on exercises of the police
power, including zoning and other land-use regulations. Equal protection is guaranteed by the
14th amendment to the United States Constitution, which is expressly binding upon state governments and their subdivisions, and by Article I, Section 12 of the Washington Constitution.5 See § 4.8. Denial of equal protection of law, 17 Wash. Prac., Real Estate § 4.8 (2d ed.).
An ordinance violates equal protection if it: (1) applies unequally to members within a designated
class; (2) has no real basis to distinguish between those in and outside the class; and, (3) has no
rational relation to the purpose of the ordinance. Paradise, Inc. v. Pierce Cty., 124 Wn. App. 759, 777–78, 102 P.3d 173, 183 (2004). A person who complains of a denial of equal protection must convince a court that the person is treated differently from other persons and that, as relates to the regulation, there is no rational distinction between the complainant’s situation and that of the
persons treated more favorably. § 4.8. Denial of equal protection of law, 17 Wash. Prac., Real
Estate § 4.8 (2d ed.).
2.14.3. Limits on Ordinances that Are Arbitrary, Capricious, Unlawful, or Exceed
Lawful Authority
“Owners of a property interest who have filed an application for a permit have an action for damages to obtain relief from acts of an agency which are arbitrary, capricious, unlawful, or exceed lawful authority, or relief from a failure to act within time limits established by law.” RCW
64.40.20. Actions are arbitrary and capricious if they represent willful and unreasoning
decisions made without regard for facts and circumstances. Saben v. Skagit Cty., 136 Wash. App. 869, 877, 152 P.3d 1034, 1037 (2006)(emphasis added). RCW 64.40.20(2) authorizes recovery damages and reasonable costs, including attorney’s fees. Damages includes diminution in value and lost profits. Cox v. City of Lynnwood, 72 Wash. App. 1, 8, 863 P.2d 578, 584 (1993),
72 Wash. App. at 10, 863 P.2d at 584.
5 Wash. Const. Art. I, § 12, reads: “No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.”
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Legal liability may exist where there was interference for an improper purpose or by using an improper means. Pac. Nw. Shooting Park Ass'n v. City of Sequim, 158 Wash. 2d 342, 351, 144
P.3d 276, 280 (2006).
2.15. County Growth Management Policies Implement these Limitations
Policy LU-P-1.2 of the 2018 Comprehensive Plan states that the County must follow the supremacy principle and “Acknowledge and protect the rights of private property owners in preparing land use, development, and environmental regulations, prohibit arbitrary and discriminatory actions, and preserve reasonable uses for regulated properties.
3. STAFF RECOMMENDATIONS
Staff recommends that the Planning Commission consider and recommend to the County Commissioners the draft ordinances attached as Appendix A and Appendix B.
With strikeouts and underlining, Appendix A is compared to Ordinance No. 12-1102-18 (Title 8 -
Health and Safety Code) and Appendix B is compared to Ordinance No. 15-1214-18 (Title 18 –
Land Use Code).
Appendix A:
• Eliminates language referenced in the Growth Board Decision that makes made Ordinance
12-1102-18 a development regulation.
• Eliminates language that suggests it places controls on land.
• Does not apply only to new CSFOs. This is important to satisfy the County Commissioners’ direction for uniform regulations.
• Changes the County department in charge of enforcement from DCD to the Environmental Public Health Department.
• Refers to the new Hearing Examiner Code. The Hearing Examiner Code is being revised and moved to Title 2.
• Does not adopt any “bright line” land use terms—they probably will make the ordinance a development regulation.
Appendix B:
• Maintains fixes to Title 18 Loopholes and maintains all CUP Approval Criteria.
• Keeps commercial shooting facilities in small scale recreational and tourist uses in order to maintain protection of resource lands, as discussed in the Growth Board Decision.
• Maintains Zoning Location Decisions in Ordinance 15-1214-18 previously recommended
by the Planning Commission and approved by the County Commissioners, except for
removing indoor commercial shooting facilities from resource lands to further protect them, as discussed in the Growth Board Decision.
• Limits the amount of Forrest Resource Lands of CSFOs that can be used for commercial
shooting facilities to protect resource lands, as discussed in the Growth Board Decision.
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• Amends JCC 18.15.045 (Unnamed Uses) to make clear that the Table 3A-1 controls when
the table prohibits or only authorizes a discretionary “D” use for unnamed uses or unnamed
facilities in a zone.
• Adds a section on commercial shooting facilities to make certain it is a named use.
• Receives possible land use provisions of 12-1102-18 (Title 8) that may have made that
ordinance a development regulation.
• Refers to the new Hearing Examiner Code. The Hearing Examiner Code is being revised and moved to Title 2.
Staff believes these draft ordinances fully comply with GMA and all statutory and constitutional requirements discussed above.
4. SEPA COMPLIANCE FOR THE DRAFT ORDINANCES
The County’s SEPA responsible official will take actions necessary to ensure compliance with
SEPA.
5. CONCLUSION
Staff recommends modifying Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) Ordinance No. 15-1214-18 (Title 18 – Land Use Code) as set forth in the attached Appendix A and Appendix B, respectively.
If there are questions, they should be directed to Michele Farfan.
APPENDIX A
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APPENDIX A
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Amending Ordinance No. 12-1102-18 for Commercial Shooting Facilities under Title 8 JCC
} } }
ORDINANCE NO. __________
WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents as are not in conflict with general laws; and, WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and
preempts the entire field of firearms regulations within its boundaries, and counties may only enact ordinances as expressly authorized by RCW 9.41.300; and, WHEREAS, RCW 9.41.300(2)(a) provides an exception to RCW 9.41.290 under which a county may, by ordinance, restrict the discharge of firearms in any portion of its jurisdiction where
there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so long as such ordinance shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and, WHEREAS, Article VI of the United States Constitution states that “This Constitution,
and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding;” WHEREAS, Article I, Section 2 of the Washington State Constitution states, “The Constitution of the United States is the supreme law of the land;” WHEREAS, there is a fundamental principle of Washington law sometimes called “the preemption doctrine,” that derives from Article VI of the United States Constitution, Article I,
Section 2 of the Washington State Constitution, Article XI, Section 11 of the Washington State Constitution, and RCW 36.32.120(7) that the Washington Administrative Code (WAC) calls the “Supremacy Principle,” which holds that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict; WHEREAS, under the Supremacy Principle, state statutes and regulations cannot conflict with the United States Constitution, the Washington Constitution, and federal laws; and, local ordinances and regulations cannot conflict with the United States Constitution, federal laws, the Washington Constitution, or state laws;
APPENDIX A
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APPENDIX A
WHEREAS, Article I, Section 32 of the Washington State Constitution states, “A frequent
recurrence to fundamental principles is essential to the security of individual right and the
perpetuity of free government;” WHEREAS, this ordinance protects the rights of citizens under Washington Constitution Article I, Section 24 and the Second Amendment to the United States Constitution;
WHEREAS, local governments have considerable latitude in exercising police powers and a regulation is reasonable if it promotes public safety, health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose being pursued; and, WHEREAS, due to the amount of land in Jefferson County owned by the federal and state governments, areas of protected shorelines, and limited water and septic capacity in other areas of Jefferson County, there are limited areas where residents can live; and, WHEREAS, according to the 2018 Jefferson County Comprehensive Plan, Forest
Resource Lands in Jefferson County (Zones IF-20, RF-40, CF-80) represents 76.4 percent of the land in Jefferson County; WHEREAS, widely disseminated information exists about uncontrolled incidents at shooting ranges where people’s safety has been threatened; and,
WHEREAS, commercial shooting facilities are best operateddeveloped using the best available source information on ensuring minimizing risks from the discharge of firearms and ensuring the greatest level of public safety both on and off these facilities; and, WHEREAS, the National Rifle Association (NRA) 2012 Range Source Book, which provides the best available guidance to assist in safely operating shooting range facilities, makes clear that following these published best practices minimizes but does not eliminate risks associated with the use of firearms either on or off the range; and, WHEREAS, the NRA 2012 Range Source Book, states that “A range is only as safe as the manner in which it is used” and “health and safety considerations are twofold: (2) ensuring the health and safety of participants, staff and spectators, and (2) ensuring the health and safety of surrounding inhabitants;” and, WHEREAS, at commercial shooting facilities and their surrounding areas, there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized; and, WHEREAS, Jefferson County experienced a substantial increase in population density in areas proximate to its existing commercial shooting facilities and the County has an interest in
ensuring the compatibility of commercial shooting facilities with their surroundings and in minimizing potential safety hazards created by the operation of commercial shooting facilities; and, WHEREAS, public complaints about lack of safety and nuisance noise arising from the operation of commercial shooting facilities in unincorporated Jefferson County have called on the
APPENDIX A
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APPENDIX A
scarce resources of Jefferson County’s emergency management system and the Sheriff’s Office,
which has the effect of diminishing the availability of these resources for emergency services; and,
WHEREAS, Jefferson County has rural areas where commercial shooting facilities may be appropriate, but where emergency services are scarce and adopting a commercial shooting ordinance would promote public safety and preserve precious emergency services; and,
WHEREAS, commercial shooting facilities benefit Jefferson County by providing its residents and law enforcement the opportunity to learn firearm safety, to practice shooting, and to participate in amateur recreational firearm sports in a safe, controlled setting; and, WHEREAS, the BoCC finds it is in the public interest to provide for commercial shooting facilities in Jefferson County in the face of increasing population pressure, the limited space where people can live and the extensive percentage of Forest Resource Lands; and, WHEREAS, the BoCC adopted Ordinance 12-1102-18 on November 2, 2018 and adopted
Ordinance No. 15-1214-18 on December 14, 2018 as reasonable regulations for commercial shooting facilities; and, WHEREAS, the BoCC did not intend that Ordinance 12-1102-18 be a development regulation as defined in the Growth Management Act (Chapter 36.70A RCW); and,
WHEREAS, on September 16, 2019, the Western Washington Growth Management Hearings Board (Growth Board) issued its Final Decision and Order in Case No. 19-02-0003-c, that invalidated the Ordinance 12-1102-18 on the basis that it was a development regulation under the Growth Management Act because it had not been reviewed under the State Environmental
Policy Act (Chapter 43.21C RCW) and did not comply with the County’s public participation process which requires consideration by the Jefferson County Planning Commission; and, WHEREAS, the Growth Board’s September 16, 2019 decision invalidated Ordinance 12-1102-18 under the Growth Management Act Growth Management Act and remanded the BoCC
to achieve compliance as addressed in the Final Decision and Order with compliance due on March 2, 2020; and, WHEREAS, on September 23, 2019 the BoCC referred both Ordinance 12-1102-18 and Ordinance No. 15-1214-18 to the Jefferson County Plaining Commission to ensure compliance
with the Growth Board’s remand; and, WHEREAS, the Growth Management Act regulations at WAC 365-196-725(1) require that the County consider the Supremacy Principle and states: “Comprehensive plans and development regulations adopted under the act are subject to the supremacy principle of Article
VI, United States Constitution and of Article XI, Section 11, Washington state Constitution;” and, WHEREAS, Policy LU-P-1.2 of the 2018 Comprehensive Plan states that the County must follow the supremacy principle and “Acknowledge and protect the rights of private property owners in preparing land use, development, and environmental regulations, prohibit arbitrary and
discriminatory actions, and preserve reasonable uses for regulated properties;” and,
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WHEREAS, this Ordinance has been revised to remove the bases on which the Growth
Board determined Ordinance 12-1102-18 was a development regulation as defined in the Growth Management Act; and, WHEREAS, even though this Ordinance is not a development regulation, the County
utilized its public participation process for comprehensive plan amendments and development regulations required by the Growth Management Act, including consideration by the Jefferson County Planning Commission, as a precaution and to show respect to the Growth Board’s September 16, 2019 decision; and, WHEREAS, the County has fulfilled the requirements of the State Environmental Policy Act for this Ordinance and has utilized the County’s public participation process, including consideration by the Jefferson County Planning Commission; and, WHEREAS, the Jefferson County Division of Environmental Public Health is a
department of the Jefferson County Department of Health, whose purpose is to protect the health of all Jefferson County residents by promoting healthy communities and their environments; and, WHEREAS, the BoCC has determined that the Division of Environmental Public Health is best suited to enforcing this Ordinance because of its expertise in processing and enforcing other
health and safety regulations; NOW, THEREFORE, be it ordained by the BoCC as follows: Section 1. Modification of Chapter 8.50 JCC.
a. Chapter 8.50 JCC shall be renamed from “No Shooting Areas” to “Shooting in the
County.”
b. Article I, Chapter 8.50 JCC shall be renamed from “Establishment Procedures” to
“Establishment Procedures for No Shooting Areas.”
c. Article II, Chapter 8.50 JCC shall be renamed from “Boundary Descriptions” to “Boundary
Descriptions for No Shooting Areas.”
d. JCC 8.50.020 shall be amended to add a new subsection (5) exception as follows: (5) The
operation of an indoor commercial shooting facility which has obtained an operating permit
or provisional operating pursuant to Article III of Chapter 8.50 JCC.
e. JCC 8.50.020 shall be amended to add a new subsection (6) exception as follows: (6) The
operation of a commercial shooting facility sited in accordance with Title 18 JCC that has
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an operating permit or a provisional operating permit issued pursuant to Article III, of
Chapter 8.50 JCC.
f. The exception in JCC 8.50.020(5) shall be amended to become JCC 8.50.020(7) and shall
then state: (7) The continued operation of legally established private or public gun club
facilities that are not commercial shooting facilities as defined in Article III of Chapter 8.50
JCC, and which were established and operating prior to the enactment of the no shooting
area ordinance or the development of outdoor ranges constructed in compliance with JCC
18.20.350(8).
g. The definition of “firearm” in JCC 8.50.40 shall be changed to:
“Firearm” means a weapon or device from which a projectile or projectiles may be fired
by an explosive such as gunpowder. The definition of “firearm” includes the terms pistol,
rifle, short-barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique
firearm as those terms are defined in RCW 9.41.010. The term “firearm” shall not include:
(a) devices, including but not limited to “nail guns,” which are used as tools in the
construction or building industries and which would otherwise fall within this definition;
or, (b) a “destructive device” as defined in 18 U.S.C. §921(a)(2).
h. Wherever the words “this chapter” appears in Article I or Article II of JCC 8.50 when not
preceded by the words “Article I,” these words shall be changed to “articles I and II of this
chapter.” Without limitation, this change shall be made in JCC 8.50.010, JCC 8.50.030,
JCC 8.50.060(1), JCC 8.50.070, and JCC 8.50.080.
i. Consistent with the above, Chapters I and II of Chapter 8.50 JCC shall be amended as
shown in Appendix A.
j. Article III of Chapter 8.50 JCC shall be added as set forth in Appendix B.
Section 2. Findings. The BoCC hereby adopts the above recitals (the “WHEREAS” statements)
as its findings of fact in support of this Ordinance.
Section 3. Not a Development Regulation. Neither Article III of Chapter 8.50 JCC, as adopted, nor the provisions of this Ordinance is a development regulation as defined in RCW 36.70A.030(7) and WAC 365-196-200(8).
Section 4. Establishment of a Fee. The department shall charge a fee base fee of $450 plus actual costs incurred (including consultant work) for processing an application for a commercial shooting facility. This fee shall be added to the Appendix Fee Schedule for the department.
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Section 5. Severability. The provisions of this Ordinance are declared separate and severable. If
any provision of this Ordinance or its application to any person or circumstances is held invalid,
then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected.
Section 6. SEPA Compliance. [DESCRIBE SEPA COMPLIANCE HERE.]
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
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ADOPTED this _____ day of _________________________ 2019, at ___: ___ a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS SEAL: ______________________________ Kate Dean, Chair
______________________________ David Sullivan, Member ATTEST: ______________________________
Greg Brotherton, Member APPROVED AS TO FORM: ______________________________ ______________________________
Carolyn Gallaway, Philip C. Hunsucker, Date Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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[Modifications to Current Articles III of Chapter 8.50 JCC] Chapter 8.50 NO SHOOTING AREASSHOOTING IN THE COUNTY Sections: Article I. Establishment Procedures for No Shooting Areas
8.50.010 Purpose. 8.50.020 Exemptions. 8.50.030 Prohibited. 8.50.040 Firearms defined.
8.50.050 Creation, alteration or dissolution of a no shooting area. 8.50.060 Violations – Misdemeanors – Penalty – Arrest. 8.50.070 Enforcement officers and procedures. 8.50.080 Interpretation.
Article II. Boundary Descriptions for No Shooting Areas 8.50.100 Kala Point. 8.50.110 Port Ludlow. 8.50.120 Brinnon – Black Point.
8.50.130 Brinnon. 8.50.140 Brinnon – Triton Cove. 8.50.150 Brinnon – Olympic Canal Tracts. 8.50.160 South Coyle Peninsula. 8.50.170 Paradise Bay.
8.50.180 Chimacum Creek. 8.50.190 Tala Shore. 8.50.200 Ocean Grove. Article III. Commercial Shooting Facilities
8.50.210 Purpose. 8.20.220 Definitions. 8.50.230 Operating Permit Required. 8.50.240 Application for a Commercial Shooting Facility Operating Permit.
8.50.250 Minimum Standards. 8.50.260 Administrative Remedy for Decisions Made by the Director. 8.50.270 Judicial Appeals. 8.50.280 Safe Harbor for Owners and Operators. 8.50.290 Reports of Violations of this Article.
8.50.300 Review Committee.
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8.50.310 Limitations on the Applicability of this Article.
8.50.320 Warning and Disclaimer of Liability.
Article I. Establishment Procedures for No Shooting Areas 8.50.010 Purpose.
The purpose of articles I and II of this chapter is to establish a process for the establishment, alteration, or dissolution of “no shooting” areas in unincorporated Jefferson County and to provide regulation of the discharge of firearms in such areas as provided in articles I and II of this chapter. The creation of a no shooting area shall be considered in accordance with RCW
9.41.300(2)(a) wherein counties are authorized to enact laws and ordinances restricting the discharge of firearms “where there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized.” County officials shall endeavor to facilitate solutions within communities to resolve concerns leading to petitions for no shooting areas. Areas considered for creation, alteration, or dissolution of a no shooting area shall be considered on an individual
basis to adequately assess the motivation for the proposal and to resolve existing differences regarding an area. Creation of a no shooting area must be realistically enforceable in the area designated. [Ord. 2-07 § 1] 8.50.020 Exemptions.
The designation of a no shooting area shall continue to allow: (1) The use of firearms by citizens pursuant to RCW 16.08.020 regarding dogs, or other animals, endangering livestock.
(2) The lawful use of a firearm by a law enforcement officer in the performance of their duties. (3) The use of firearms to lawfully slaughter farm animals. (4) The lawful use of force by citizens.
(5) The operation of an indoor a commercial shooting facility which has obtained an operating permit or provisional operating pursuant to Article III of Chapter 8.50 JCC. (6) The operation of a commercial shooting facility sited in accordance with Title 18 JCC that
has an operating permit or a provisional operating permit issued pursuant to Article III, of Chapter 8.50 JCC. (5)The continued operation of legally established private or public gun club facilities or commercial shooting ranges that are not commercial shooting facilities as defined in Article III
of Chapter 8.50 JCC, and which were established and operating prior to the enactment of the no shooting area or the development of outdoor ranges constructed in compliance with JCC 18.20.350(8). 8.50.030 Prohibited.
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It is unlawful for any person to discharge any firearm or to propel from any portion of Jefferson
County any projectile discharged from any firearm across, in or into a no shooting area
established by Jefferson County. Articles I and II of Tthis chapter shall not abridge the right of the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or others. [Ord. 2-17; Ord. 2-07 § 3] 8.50.040 Firearm defined. “Firearm” means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle, short-barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as those terms
are defined in RCW 9.41.010. The term “firearm” shall not include: (a) devices, including but not limited to “nail guns,” which are used as tools in the construction or building industries and which would otherwise fall within this definition; or, (b) a “destructive device” as defined in 18 U.S.C. Section 921(a)(2). 8.50.050 Creation, alteration, or dissolution of a no shooting area. (1) The process for the creation, alteration, or dissolution of a no shooting area can be initiated in accordance with RCW 9.41.300, wherein counties are authorized to enact laws and ordinances restricting the discharge of firearms “where there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized,” by either:
(a) A petition filed by residents containing the signatures of at least 20 elector-residents of each voting precinct in the area under consideration; or (b) A majority vote of the board of county commissioners.
(2) Petitions or requests for the creation of a no shooting area or to alter or dissolve an existing no shooting area by the Jefferson County board of commissioners shall be filed with the clerk of the board of county commissioners. The petition or request must be based on a definable threat to the public health, safety or general welfare.
(3) The petition or request must include a legal description of the proposed boundaries with: a map showing the proposed area, a written statement explaining the reasons for the petition, and a statement, where applicable, of reported incidence involving firearms in the petition area.
(4) After petition signatures have been verified by the Jefferson County auditor-elections and the board of county commissioners finds the petition warrants consideration, the county commissioners shall hold a public hearing regarding the petition or may choose to facilitate an amicable solution within the proposed area or may assign a review committee to consider the merit of the petition specific to the area under consideration. The county commissioners may
have the review committee consider the petition before establishing a date for the public hearing. Treaty tribes will be contacted by the county to identify any concerns and invite their participation. (a) The review committee shall consist of:
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(i) The county sheriff or his designee.
(ii) The director of the department of community development, or his designee. (iii) Three residents-at-large to be appointed by the county commissioners.
(iv) At least one representative of tribal interests will be invited. (v) Representative stakeholders from the petition area as determined by the county commissioners, with the goal of including persons from all sides of any contended or questionable issue.
(b) The review committee shall consider, but is not limited to consideration of, the location, terrain and surrounding land use of the petition area. The committee shall also consider any additional instructions given by the county commissioners at the assignment of the committee. The county commissioners shall hold a public hearing on the review committee’s
recommendations soon after they are received by the commission. (5) Legal notice of the public hearing shall be published one time in the official newspaper of the county at least 10 days prior to the hearing.
(6) If the county commissioners find the formation, alteration, or dissolution of the petitioned area to be beneficial to the public health, safety or general welfare, the area shall be established, altered, or dissolved as a no shooting area by ordinance. The board of commissioners shall consider, but is not limited to considerations of, the location, terrain and surrounding land use of the petitioned area. The board of commissioners shall determine the final boundaries for the
creation of a no shooting area. (7) Public works may post signs along public roads indicating a no shooting area boundary where deemed necessary. The department of community development shall inform development and permit applicants if a parcel is within a no shooting area.
8.50.060 Violations – Misdemeanors – Penalty – Arrest. (1) Any person discharging a firearm in a no shooting area is guilty of a misdemeanor. It shall not be a violation of articles I and II of this chapter when a person discharges a firearm in accordance with the provisions of RCW 9A.16.020.
(2) Any law enforcement officer having probable cause to believe that a person has committed a violation of articles I and II of this chapter has the authority to arrest the person. (3) The first offense for violation of article I or II of this chapter constitutes a civil penalty not to
exceed $100.00. Consecutive offenses are punishable, upon conviction, by a fine not to exceed $250.00 or by confinement in the county jail for a period of not more than 90 days. 8.50.070 Enforcement officers and procedures.
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Enforcement of articles I and II of this chapter may be by any state or county law enforcement
officer, state game officer, or state fish and wildlife officer. All such enforcement officers are
empowered to issue citations to and/or arrest without warrant persons violating the provisions of this chapter. Said enforcement officers may serve and execute all warrants, citations and other process issued by the courts.
In addition, mailing by registered mail of such warrant, citation or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged. Said enforcement officers may seize and hold as evidence the weapon and ammunition of any person violating the provisions of this chapter. 8.50.080 Interpretation. In the event any other county ordinance, whether or not codified, is in conflict with any of the terms of articles I and II of this chapter, the more stringent shall be construed as applicable. Article II. Boundary Descriptions for No Shooting Areas
8.50.100 Kala Point. The area described below is hereby established as a no shooting area as provided in Article I of this chapter:
Bordered on the West by Airport Cutoff Road; on the North by Old Fort Townsend Road and the Old Fort Townsend State Park boundary; on the South by Prospect Avenue extending to Port Townsend Bay; and on the East by the Shoreline of Port Townsend Bay. [Ord. 12-95]
8.50.110 Port Ludlow. The area described below is hereby established as a no shooting area as provided in Article I of this chapter:
The northern boundary begins at the Admiralty Inlet Shoreline adjacent to northern property lines of lots in Port Ludlow #5 at the northern end of Montgomery Lane. The boundary then moves westward across the properties mentioned above along their northern property lines, crosses Oak Bay Road and continues westward along the fire hall northern property line and on west along the northern property lines of Port Ludlow #2, Area 3, at the northern end of Keefe
Lane. At the NW corner of Lot #75 on Keefe Lane the No Shooting boundary turns south along the western side of Jefferson Avenue to the northern property lines of Port Ludlow #2, Area 3 lots along Fleet Drive. The boundary then moves west and then south around the cemetery, across
Swansonville Road and continues south along the western side of Talbot Way to the junction of Talbot Way and Walker Way. Here the boundary turns west along the north side of Walker Way and continues as Walker Way becomes a gravel road to the NW corner of the properties in Port Ludlow #6.
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The boundary then heads generally south along the western property lines of Port Ludlow #6 to
Oak Bay Road. It then turns west along the north side of Oak Bay Road, then south and then east
around the Port Ludlow RV Park and commercial area to Paradise Bay Road. The boundary then turns south along the western side of Paradise Bay Road to a point opposite the end of Camber Lane, it then heads SW picking up the outside of the fairways of the Port Ludlow Golf Course staying at the outside fairway points entirely around the western, southern and the eastern
portions of the golf course to the southern property lines of Fairwood Village. The boundary then heads east along the south side of Springwood Drive and across Teal Lake Road. It then swings NE along the property lines of Teal Lake Village on the south side of Outlook Lane. The boundary then heads north along the eastern side of the Osprey Conservation
Tract, which is east of the eastern property lines of Teal Lake Village lots at the end of Clear View Place and Seaway Place to Paradise Bay Road. The boundary then continues north across Paradise Bay Road along the eastern property lines of Bay View Village, Divisions 1 and 2 to Ludlow Bay Road. The boundary then turns NE along the SE side of Ludlow Bay Road to the end of Ludlow Beach Tracts #2. It then turns NW to the shoreline of Ludlow Bay.
[Ord. 4-96] 8.50.120 Brinnon – Black Point. The area described below is hereby established as a no shooting area as provided in Article I of
this chapter: The northern boundary begins at and includes the old and new Pleasant Harbor Marinas at mile marker #308 on Highway 101. The boundary then moves southwesterly along the highway to the first Duckabush River Bridge at mile marker #310. The boundary includes all of Black Point
surrounded by Hood Canal, to the East of Highway 101 between the above referenced mile markers EXCEPT that portion along the southern boundary known as the Duckabush Flats which is along the Duckabush River Estuary below the shoreline bluff. [Ord. 5-97]
8.50.130 Brinnon. The area described below is hereby established as a no shooting area as provided in Article I of this chapter:
The area bordered on the east by Highway 101; on the north by the Dosewallips Road; on the west by the power line; and on the south by the Dosewallips River. [Ord. 3-99] 8.50.140 Brinnon – Triton Cove. The area described below is hereby established as a no shooting area as provided in Article I of this chapter: The area bordered on the north by an unnamed year around creek from the Hood Canal to the
Bonneville power lines (the area under the power lines is to be included in the No Shooting
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zone); on the West by the far side of the power lines; the East by Hood Canal; and on the South
by the Jefferson County line.
[Ord. 7-00] 8.50.150 Brinnon – Olympic Canal Tracts.
The area described below is hereby established as a “No Shooting” zone as provided in Article I of this chapter. The no shooting area is encompassed by the following description: Beginning at the point of intersection of the centerline of U.S. Highway 101 and the centerline of Duckabush Road;
Thence northwesterly along the centerline of Duckabush Road to the intersection with the most westerly line of the Bonneville power lines; Thence southwesterly along the most westerly line of the Bonneville power lines to the
intersection of said power lines with McDonald Creek; Thence southeasterly along McDonald Creek to the shoreline of Hood Canal; Thence northerly along the shoreline of Hood Canal to the tidal area at the mouth of the
Duckabush River; Thence northerly along the shoreline to a point along the shoreline that is due west of the intersection of the centerline of U.S. Highway 101 and the centerline of Duckabush Road;
Thence west to the point of beginning. Said property being portions of Sections 15, 16, 17, 20, 21, 28 and 29 all in Township 25 North, Range 2 West; Willamette Meridian.
All lying in Jefferson County, state of Washington. [Ord. 12-02] 8.50.160 South Coyle Peninsula.
The area described below is hereby established as a “No Shooting” zone as provided in Article I of this chapter. The no shooting area is encompassed by the following description: That portion of Sections 2, 3, 4 and 5 of Township 25 North, Range 1 West, Willamette Meridian, and Sections 27, 28, 29, 32, 33, 34 and 35 of Township 26 North, Range 1 West,
Willamette Meridian, described as follows: Beginning at the Southeast corner of Tax 1 as described under Parcel A in Auditor File Number 488422, Section 28 Township 26 North, Range 1 West Willamette Meridian;
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Thence continuing along the extension of the South line of said Tax 1 to the centerline of said
Payne Road and the TRUE POINT OF BEGINNING;
Thence Westerly along the extension of the South line and along the South line of said Tax 1 to the Northeasterly corner of Tax 2 as described under Auditor’s File Number 422414;
Thence Southerly and Westerly along the Easterly and Southerly boundary of the parcel identified under said Auditor’s File Number 422414; Thence continuing Westerly along the extension of the Southerly line of said parcel to the 0.0 low tide mark in Dabob Bay;
Thence Southerly along the 0.0 low tide mark of Dabob Bay, and Northerly and Easterly along the 0.0 low tide mark of Hood Canal to the point of intersection of the centerline of East Go-onna Beach Drive extended Easterly from the most Easterly point of said centerline located in the Southwest 1/4 of Section 27, Township 26 North, Range 1 West, Willamette Meridian, and
said 0.0 low tide mark of Hood Canal; Thence Westerly along said extension and the centerline of East Go-onna Beach Drive to the intersection of said East Go-onna Beach Drive with the centerline of Coyle Road;
Thence Northerly and Easterly along the centerline of Coyle Road to the intersection of said road with the centerline of Payne Road; Thence Westerly and Southerly along the centerline of Payne Road to the TRUE POINT OF BEGINNING;
EXCEPTING THEREFROM any portion of the following described parcels that lie within the above described bounds and that do not lie within the Northerly and Easterly 200 foot setback from the centerline of Zelatched Point Road, within the Northerly and Westerly 200 foot setback from the centerline Coyle Road or within the Southerly and Easterly 200 foot setback from the
centerline Payne Road: The South one half of the Southeast quarter of Section 28, Township 26 North, Range 1 West, Willamette Meridian, lying Southerly and Easterly of Payne Road;
The Northeast quarter of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Westerly of Coyle Road; The South one half of the Northwest of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road; and
The Northwest quarter of the Southeast quarter of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road and Northerly and Westerly of Coyle Road;
Situate in Jefferson County, Washington.
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[Ord. 12-14 § 1; Ord. 20-02]
8.50.170 Paradise Bay. The area described below is hereby established as a no shooting area as provided in Article I of this chapter.
All of the land lying within the following bounds: Beginning at the intersection of the most northerly line of Tract A of the Plat of Woodridge Village Division 1 as recorded in Volume 7 Pages 47 through 50 of Plats, Jefferson County, state
of Washington and the easterly margin of Teal Lake Road; Thence northeasterly along said northerly line of said Tract A to the intersection of said line with the southerly margin of Crestview Drive as recorded in the Plat Amendment to Teal Lake Village Volume 6 Pages 186 through 197 of Plats, Jefferson County, state of Washington;
Thence in a straight line northeasterly to the intersection of said line with a point located at the intersection of the southerly boundary of Tract C of the said plat of Woodridge Village Division 1 and the northerly margin of said Crestview Drive;
Thence northerly along the northerly margin of said Crestview Drive, said margin also being the westerly boundary of said Tract C, to the southerly margin of Outlook Lane as recorded in said plat of Amendment to Teal Lake Village, said line also being the northerly line of said Tract C; Thence easterly along the northerly boundary of said Tract C to the intersection of said line with
the most easterly boundary of said plat of Amendment to Teal Lake Village; Thence northerly along the easterly boundary of said plat of Amendment to Teal Lake Village to the intersection of said line with the southerly margin of Paradise Bay Road;
Thence along said southerly and westerly margin in an easterly and southerly direction to the intersection of said westerly margin of Paradise Bay Road with the North line of Section 22, Township 28 North, Range 1 East, W.M.; Thence easterly along the North line of said Section 22 to the mean lower low water boundary of
Hood Canal; Thence southeasterly and easterly along said mean lower low water boundary to Point Hannon and the easterly mean lower low water boundary of Hood Canal in Section 25, Township 28 North, Range 1 East, W.M.;
Thence following the mean lower low water boundary of Hood Canal through Sections 25, 26, 35 and 36, all lying in Township 28 North, Range 1 East, and Section 2, Township 27 North, Range 1 East, W.M., to the intersection with the northerly margin of State Route 104 with said mean lower low water boundary of Hood Canal;
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Thence northwesterly along the north margin of State Route 104 to the intersection of said
margin with the easterly margin of Paradise Bay Road;
Thence northerly and northwesterly along the easterly margin of Paradise Bay Road to the south line of Section 23, Township 28 North, Range 1 East, W.M.;
Thence westerly along said south line of Section 23 to the intersection with the westerly margin of Paradise Bay Road; Thence southerly along the westerly margin of Paradise Bay Road to the intersection with the northerly margin of Andy Cooper Road;
Thence westerly along the northerly margin of said Andy Cooper Road to the intersection with the easterly margin of Teal Lake Road; Thence northwesterly along the easterly margin of Teal Lake Road to the point of beginning of
this description. All situated within Jefferson County, Washington. [Ord. 4-08 § 1]
8.50.180 Chimacum Creek. The area described below is hereby established as a no shooting area as provided in Article I of this chapter.
All of the following described lands, being a portion of Sections 34 and 35, Township 30 North, Range 1 West, W.M., and Sections 2 and 3, Township 29 North, Range 1 West, W.M., lying within the following bounds: Beginning at the intersection of centerline of as-built Prospect Avenue extended Easterly to the
westerly shoreline of Port Townsend Bay said point being the True Point of Beginning of this description; Thence Westerly along the centerline of as-built Prospect Avenue to the intersection of said road with the centerline of State Route 19, also known as Airport-Cutoff Road;
Thence Southeasterly along the centerline of said State Route 19 to the intersection with the centerline of Irondale Road; Thence Easterly along the centerline of Irondale Road to the intersection with the centerline of
platted Market Street as said road is platted in the plat of Harrisburg recorded in Volume 1 Page 16 records of Jefferson County, Washington; Thence Easterly along said centerline of Market Street to the centerline of Maple Street as platted on said plat;
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Thence continuing Easterly along the centerline of platted Market Street lying North of Block 40
and Reserve A, as platted in the plat of Irondale, recorded in Volume 3 Page 5 records of
Jefferson County, Washington and the extension of said Market Street to the Westerly shoreline of Port Townsend Bay; Thence Northerly and Westerly, upland of the 0.0 low tide mark with a line at the mouth of
Chimacum Creek between the following coordinates: -122.771 48.049D DD to -122.771.48.049 DD, within Port Townsend Bay to the True Point of Beginning. All lying and being in Jefferson County, Washington.
[Ord. 3-17 § 1; Ord. 11-08 § 1] 8.50.190 Tala Shore. The area described below is hereby established as a no shooting area as provided in Article I of this chapter.
That portion of Section 15, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, encompassed within the following described boundary: Beginning at the intersection of the South Section line of Section 15, Township 28 North, Range
1 East, W.M. Jefferson County, State of Washington and the centerline of a private road known as East Ludlow Ridge Road, as said private road is described in Auditor File Number 285012 records of Jefferson County, Washington; Thence Northerly along said private road centerline to the North line of the Southeast Quarter of the Northwest Quarter of Sections 15, Township 28 North, Range 1 East; Thence Easterly along said North line of the Southeast Quarter of the
Northwest Quarter of Sections 15 to the Northwest corner of Government Lot 4; Thence Easterly along the North line of Government Lot 4 and the Easterly extension of the North line of Government Lot 4 to the 0.0 low tide mark within Hood Canal, Thence Southerly along said 0.0 low tide mark within Hood Canal to the intersection of said 0.0
low tide mark with the Easterly extension of the South section line of said Section 15; Thence West along said Easterly extension of said South section line and the South section line of Section 15, Township 28 North, Range 1 East, to the intersection of said South line and the centerline of the private road known as East Ludlow Ridge Road said point being the point of beginning of this description.
TOGETHER WITH: All of Section 10, Township 28 North, Range 1 East, W.M. Jefferson County, State of Washington.
All situated in Jefferson County, State of Washington. [Ord. 6-14 §§ 1, 2] 8.50.200 Ocean Grove.
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The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
Albert Balch and Harry Cotton’s Ocean Grove Estates, as per plat recorded in Volume 4 of Plats, Page 20, records of Jefferson County, Washington;
TOGETHER WITH Albert Balch and Harry Cotton’s Ocean Grove Estates No. 2, as per plat recorded in Volume 4 of Plats, Page 27, records of Jefferson County, Washington; TOGETHER WITH that portion of Government Lot 4, Section 24, Township 30 North, Range 2 West, W.M., not included in said Albert Balch and Harry Cotton’s Ocean Grove Estates and in
Albert Balch and Harry Cotton’s Ocean Grove Estates No. 2. TOGETHER WITH that portion of Lot 5 of survey recorded in Volume 11 of Surveys, Page 54, under Auditor’s File Number 328912, located within Government Lot 5, Section 24, Township 30 North, Range 2 West, W.M., described as follows:
Beginning at the Northwest corner of said Lot 5; Thence proceeding on a bearing of S 88° 30’ 34” East 67.21 feet along the North line of said Lot 5 to the Southwest corner of Lot 12, plat of Ocean Grove No. 2, Volume 4 of Plats, Page 27,
records of Jefferson County; Thence continuing South 88° 30’ 34” East 76.22 feet to the Southeast corner of said Lot 12; Thence turning South 26° 34’ 58” West 166.11 feet to a rebar and cap marked “Parrish, LS
29535”; Thence continuing South 26° 34’ 58” West 9.07 feet; Thence North 83° 52’ 04” West 69.36 feet to the West boundary of said Lot 5;
Thence North 01° 29’ 25” East 8.53 feet to a rebar and cap marked “Parrish, LS 29535” and the West line of said Lot 5; Thence along the West line of Lot 5 North 01° 29’ 25” East 144.51 feet to the Point of
Beginning; TOGETHER WITH Albert Balch and Harry Cotton’s Ocean Grove Estates No. 3, as per plat recorded in Volume 4 of Plats, Page 31 and amended in Volume 6 of Plats, Page 138-139, records of Jefferson County, Washington.
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Article III. Commercial Shooting Facilities
8.50.210 Purpose.
The purpose of this article is to provide uniform requirements for the establishment and
operation of all commercial shooting facilities in unincorporated parts of the county. These
requirements include provisions that:
(1) Establish a permitting procedure and rules for the siting, design and operation of commercial
shooting facilities that protect participants, spectators, neighboring properties and the public;
(2) Include appropriate measures designed to make the discharge of firearms safe during the
operation of commercial shooting facilities; and,
(3) Protect the environment;
(4) Ensure compatibility with neighboring land uses as regulated in Title 18 JCC; and,
(5) Promote the continued availability in the county of shooting facilities for firearm education,
training, and practice in the safe use of firearms, and firearm sports, without prohibiting or
expressly regulating the discharge of firearms.
8.50.220 Definitions.
The following definitions shall apply in the interpretation and enforcement of the ordinance
codified in this article:
(1) “Aggrieved party” means a person or persons who can demonstrate that a decision by the
director or a hearing examiner will prejudice them or their interests that are protected by
federal or state law or JCC.
(2) “Annual inspection” means the annual inspection required by JCC 8.50.230(5)(d).
(3) “Applicant” means a person applying for an operating permit.
(4) “Armed forces” means the armed forces of the United States or of the National Guard or
organized reserves.
(5) “Backstop” means a barrier that stops or redirects bullets fired on a shooting range, usually directly behind the target line.
(6) “Baffles” means barriers constructed to contain bullets or to reduce, redirect or suppress sound waves.
(7) “Ballistic trauma” means wounds to humans or domestic animals or property damage from
the discharge of firearms.
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(8) “Berm” means an embankment used for restricting bullets to a given area, as a protective
or dividing wall between shooting areas, or for noise abatement.
(9) “BMP” means best management practice or practices, which are systems of practices, schedules of activities, maintenance procedures, and management measures that prevent or minimize adverse impacts to the environment.
(10) “Bullet” means a single projectile fired from a firearm.
(11) “Buffer zone” has the same meaning as in JCC 18.10.20B and includes but is not limited
to buffer zones required by Chapter 18.22 JCC (the critical areas ordinance) or Chapter
18.25 JCC (the shoreline master program ordinance), federal or state law.
(12) “Cartridge” means a self-contained unitized round of ammunition that is made up of a case,
a primer, powder, and a bullet. The case usually is made of brass but may be steel, metal
alloy or plastic.
(13) “CFR” means the Code of Federal Regulations, as it now exists or is later amended.
(14) “Cold Range” means a shooting range open to the public on which all firearms are to be
unloaded at all times, unless instructed otherwise by a range master or a range officer.
(15) “Commercial shooting facility” means an indoor commercial shooting facility or outdoor
commercial shooting facility designed and specifically designated for safe shooting
practice with firearms, whether open to the public, open only to private membership, or
any combination of the above that for the use of the commercial shooting facility requires
a contract, charges a fee or other compensation, or requires membership. In addition, where
property is used primarily for lawful shooting practice for guests of the owner, and where
the other uses of the property either facilitate shooting practice or are incidental,
intermittent or occasional, it is presumed that the property used for lawful shooting
practices is a commercial shooting facility. The term “commercial shooting facility” does
not include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the
United States, the State of Washington, or any political subdivision of the State of
Washington;
(b) Any portion of a privately-owned property used for lawful shooting practice solely by
its owner or the owner’s guests without payment of any compensation to the owner of
the privately-owned property or to any other person. For the avoidance of doubt, where
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privately owned property is used primarily for lawful shooting practice for guests of
the owner, and where the other uses of the property either facilitate shooting practice
or are incidental, intermittent or occasional, it is presumed that the privately owned
property used for lawful shooting practices is a commercial shooting facility.
(16) “Cowboy action shooting” means a type of match using one or a combination of firearms
in “Old West themed” courses of fire for time and accuracy.
(17) “Critical areas” mean critical areas as defined in Chapter 18.22 JCC.
(18) “Department” means the county public health department’s division environmental public healthcommunity development.
(19) “Director” means the director of the department of community development.
(20) “Environmental ComponentPlan” means the portion of the Safety and Environmental Health Plan that contains the plan for mitigating the environmental impacts of related to managing solid waste and lead by implementing generally accept BMPs for management of lead commercial shooting facilities as required by JCC 8.50.240(4).
(21) “Expansion” means any proposed change that increases the existing activities and uses
permitted for a commercial shooting facility, including expansions of a commercial shooting facility lawfully operating as of the effective date of the ordinance codified in this article. Examples of expansions include but are not limited to additional firing positions, lengthened periods of operations, increases in permitted firearm caliber or range, or increased size of shot fall or direct fire zones. Modifications made solely through routine maintenance of a commercial
shooting facility, such as the installation of sewer, water or other utilities, pavement of a parking lot, the installation of safety baffles, construction of side or backstop berms, or the construction or remodeling of a clubhouse, shall not be considered an expansion.
(22) “Exploding target” means a target that explodes when hit by a projectile.
(23) “Explodes” means burst or shatter violently and noisily from rapid combustion,
decomposition, excessive internal pressure, or other process, typically scattering fragments widely.
(24) “Facility Design Plan” means the written procedures or policies of a commercial shooting facility that specifically define the facility design requirements for the commercial shooting facility as required by JCC 8.50.240(2).
(25) “False Report” means a report of violation that results in the dispatch of the department,
the sheriff or emergency services for a violation of this article when, in fact, there was no violation of this article and no reasonable belief there was a violation of this article.
(26) “Firearm” has the same meaning as in JCC 8.50.040.
(27) “Firing line” means a line parallel to the targets from which firearms are discharged.
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(28) “Firing point” means a location from which one individual fires at an associated target
located down range.
(29) “Five-stand shooting” means a shotgun shooting sport where there are five stations or stands on the firing line and multiple strategically placed target throwers that throw targets in front of the firing line.
(30) “Hazardous substance” means any liquid, solid, gas, or sludge, including any material,
substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or WAC 173-303-100.
(31) “Hazardous waste” means those solid wastes designated by 40 CFR Part 261 and regulated as hazardous or mixed waste by the United States EPA.
(32) “Hot Range” means a shooting range on which all firearms are allowed to be loaded at all
times.
(33) “Impact area” means the area in a backstop or bullet trap directly behind the target where bullets are expected to impact or the area downrange where bullets will impact if not captured by a backstop or bullet trap.
(34) “Indoor shooting facility” means a commercial shooting facility within a fully enclosed
structure.
(35) “JCC” means the Jefferson County Code, as it now exists or is later amended.
(36) “Law enforcement officer” means “federal peace officer” as defined in RCW 10.93.20(6), “general authority Washington peace officer” as defined in RCW 10.93.20(3), “law enforcement” officer as defined in RCW 9.41.010 (12), “peace officer” as defined in RCW 43.101.010(11),
“limited authority Washington peace officer” as defined in RCW 10.93.20(4), “qualified law enforcement officer” as defined in 18 U.S.C. Section 928B(c) and, “specially commissioned Washington peace officer” as defined in RCW 10.93.20(5). For the avoidance of doubt, “law enforcement officer” includes federal, tribal, state, and local members of law enforcement organizations certified by their jurisdiction to enforce the laws of that jurisdiction.
(37) “Life safety incident” means an incident that causes ballistic trauma to humans, domestic animals, or property.
(38) “Member of the armed forces” means a member of the armed forces, when on duty.
(39) “NRA Range Source Book” means the most current version of The NRA Range Source Book published by the National Rifle Association.
(40) “Operations ComponentPlan” means the portion of the Safety and Environmental Health Plan that contains the written procedures or policies of a commercial shooting facility that specifically define the operations requirements for the commercial shooting facility as required by JCC 8.50.240(3).
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(41) “Operator” means the person operating the commercial shooting facility.
(42) “Operating Permit” means the operating permit required by this article.
(43) “Or” means both or and and/or.
(44) “Other Reports of Violations” means reports of violations that are not life safety incidents or threats to humans, domestic animals or property.
(45) “Outdoor facility” means a commercial shooting facility that is not an indoor shooting
facility.
(46) “Owner” means the holder of title to the real property on which a commercial shooting facility is located.
(47) “Person” means person as that term is defined in RCW 1.16.080.
(48) “Physical containment” means the use of physical barriers that are sufficient to contain the
projectile from the highest power firearm used on a shooting range when the shooting range is used in accordance with its operating permit. Physical containment may include, but is not limited to baffles, sidewalls, backstops and berms of adequate design, quantity, and location to ensure that projectiles cannot escape the commercial shooting facility.
(49) “Practical shooting” means a sport that challenges an individual’s ability to shoot rapidly
and accurately with a firearm. To do this, shooters take on obstacle-laden shooting courses called stages, some requiring many shots to complete, and others just a few. While scoring systems vary between practical shooting organizations, each measures the speed with which the stage is completed, with penalties for inaccurate shooting.
(50) “Projectile” means an object fired from a firearm.
(51) “Provisional operating permit” means a provisional operating permit issued pursuant to JCC 8.50.230(4)(c).
(52) “Qualified Shooting Range Evaluator” means a person who has been an NRA range technical team advisor or who is a professional engineer with expertise in the design of shooting ranges.
(53) “Range master” or “range officer” means a person or persons trained and appointed by the operators of a commercial shooting facility to oversee the safe discharge of firearms in accordance with the requirements of this article and any additional safety specifications that may be adopted by the operators of the commercial shooting facility. At a minimum, a range master or a range officer shall complete the necessary training and obtain certification to be a range master or range
officer from the National Rifle Association, the NROI National Range Officer Institute, the IDPA International Defensive Pistol Association, the SASS Single Action Shooters Society, the CMP Civilian Marksmans Program, the Washington State Criminal Justice Commission, anthe armed forces or, as determined by the director, other training equivalent to the National Rifle Association training for certification as a range master or range officer.
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(54) “RCW” means the Revised Code of Washington, as it now exists or is later amended.
(55) “Report of Violation” means a report of a violation of this article received by the
department or the sheriff.
(56) “Routine maintenance” means repair of structures or property maintenance for which permits are not required or repair of berms.
(57) “Rules and regulations” means requirements used in the operation of a commercial
shooting facility that minimize the risk of threatened harm.
(58) “Safety fan” means all areas in or outside a shooting range where projectiles may impact or ricochet when firearms are operated in accordance with rules and regulations (as defined above). The safety fan extends to the maximum range of the most powerful cartridge and firearm used on the shooting range unless adequate physical containment is provided. When physical containment
is adequate, the safety fan is limited to the area within the containment.
(59) “Safety Componentplan” means the portion of the Safety and Environmental Health Plan that contains the written procedures or policies of a commercial shooting facility that specifically define the safety requirements for the commercial shooting facility as required by JCC 8.50.240(2).
(60) “Sheriff” means the elected sheriff of Jefferson County or designee.
(61) “Shooting range” consists of a firing line or firing points, and an impact area.
(62) “Skeet shooting” means a shotgun shooting sport where the shooter is on the firing line and shoots at targets launched from two skeet houses in somewhat sideways paths that intersect in front of the shooter.
(63) “Sporting clays” means a form of clay pigeon shooting that consists of multiple shooting
stations laid out over natural terrain such that target presentations simulate the unpredictability of live quarry shooting.
(64) “Target” means a mark to shoot at.
(65) “Target line” means the line where targets are placed.
(66) “Threatened Harm” mean a reasonable likelihood that humans, domestic animals, or
property have been or will be jeopardized by the operations of the commercial shooting facility.
(67) “Tracer or incendiary ammunition” means any ammunition causing or designed to cause fires and includes a projectile or shell that traces its own course in the air with a trail of smoke, chemical incandescence, or fire to facilitate adjustment of the aim of a firearm.
(68) “Trap shooting” means a shotgun shooting sport where a shooter on the firing line shoots
at targets launched from a single launching point and generally away from the shooter.
(69) “U.S.C.” means the United States Code, as it now exists or is later amended.
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(70) “WAC” means the Washington Administrative Code, as it now exists or is later amended.
8.50.230 Operating Permit Required.
(1) Commercial shooting facilities shall be authorized and operated in accordance with an
operating permit issued by the department. No proposed or established commercial shooting facility may operate without an operating permit. Failure to obtain an operating permit shall result in closure of the commercial shooting facility until such time a permit is obtained. Commercial shooting facilities that operate without an operating permit are subject to enforcement, including
but not limited to injunctive relief. The operating permit shall govern the scope of operations of each commercial shooting facility, and shall be issued, denied, or conditioned based upon the standards set forth in this article.
(2) The operating permit is not alter the legal nonconforming use status and rights of established commercial shooting facilities, which are governed by Title 18 JCC and the common
law, nor shall the operating permit authorize expansion of commercial shooting facility uses that otherwise require approval pursuant to a conditional use permit or other land use permits per Title 18 JCC.1
(3) Conditional Use Permit and Operating Permit for New Commercial Shooting Facilities May be Considered by the Hearing Examiner at the Same Time. If Tthe owner or operator of a
proposed new commercial shooting facility shall apply applies for an operating permit at the time of and thea conditional use permit application, A hearing examiner considering a conditional use permit application pursuant to Title 18 JCC shall review the operating permit application as part of the review.a hearing examiner may consider both applications at the same time pursuant to Chapter 2.30 JCC, but the requirements and procedures under this chapter and under Title 18 JCC
are separate and distinct and must be followed separately.
(4) Provisional Operating Permit for Established Commercial Shooting Facilities.
(a) The owner or operator of an established commercial shooting facility in active use on the effective date of the ordinance codified in this article shall apply for an operating permit not later than one hundred eighty (180) days after the effective date of the ordinance codified in
this article or within such other period as established by the director in consultation with the applicant.
(b) Subject to JCC 8.50.230(4)(c), an established commercial shooting facility must obtain an operating permit within one year of the application required by JCC 8.50.230(4)(a).
(c) If the professional evaluation (JCC 8.50.240(6)) does not demonstrate full compliance with
this article, then a provisional operating permit may be issued by the director, provided: Life Safety Deficiencies. Aall life safety deficiencies identified in the professional evaluation must be corrected prior to issuance of the provisional operating permit.
1 Moved to JCC 8.50.310(4).
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(d) Provisional operating permits do not vest the applicant to any Jefferson County Code
requirements.
i. Critical Area Deficiencies. Any proposed operation that likely threatens to cause a detrimental impact to a critical area must be addressed to remove that threat prior to issuance of the provisional operating permit.
ii. Other Deficiencies.
A. In consultation with the owner or operator, the Qualified Shooting Range Evaluator who performed the professional evaluation and the director will establish a timeline for remedying all the other deficiencies noted in the professional evaluation that are not life safety deficiencies or critical area deficiencies.
B. If the director concludes that agreement on the timeline for correction of the
other deficiencies cannot be reached, the director shall provide written notice of agreement to attend mediation to the applicant to be concluded within 60 days, along with a proposed timeline for correction of the other deficiencies.
C. If the applicant does not agree to mediation within 7 days after the director sends written notice, the timeline for correction of the other deficiencies proposed
by the director pursuant to JCC 8.50.230(4)(d)(ii)(B) shall be established.
D. The applicant may appeal the establishment of the timeline for correction of the other deficiencies established pursuant to subsection JCC 8.50.230(4)(c) (iii)(C) to the hearing examiner pursuant to Chapter 2.30 JCC.
E. The provisional operating permit shall be issued only on the condition of
acceptance by the applicant of the timeline established for correction of the other deficiencies.
F. Failure to adhere to the timeline for correction of the other deficiencies may result in a notice of correction served by the department on the owner or operator of the commercial shooting facility.
G. Following a notice of correction, the director and the owner or operator of the commercial shooting facility may meet to develop a compliance plan. The compliance plan shall establish a reasonable and specific time frame for compliance with the timeline for correction of the other deficiencies. The voluntary correction process is optional as deemed by the director. If the director believes that the
requirements of a voluntary correction plan are not being met, the director shall revoke the provisional operating permit.
H. Failure to adhere to the timeline for correction of the other deficiencies 30 days after issuance of the notice of correction or after failure to adhere to a compliance plan shall constitute sufficient grounds for the director to terminate
immediately the provisional operating permit.
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I. Termination of a provisional operating permit by the director may be
appealed pursuant to JCC 8.50.260.
J. When all other deficiencies have been corrected, the director shall issue an operating permit.
(5) Inspections and Annual Report Required.
(a) Pre-Operation Inspection. Prior to issuing any operating permit or provisional
operating permit, the department shall inspect the commercial shooting facility to determine that the commercial shooting facility complies with any applicable conditional use provisions required by Title 18 JCC and all the requirements in the approved operating permit application.
(b) Annual report. The holder of the operating permit shall submit a report to the
department on an annual basis in a form required by the department. The annual report is due each year on the last day of the same month the operating permit was issued. The annual report shall include:
i. A written statement by the owner of the commercial shooting facility declaring that the commercial shooting facility is compliant with the initial operating
permit approval;
ii. A statement of any changes to the plans required by JCC 8.50.240(1)(a)-(e), as submitted in the application; and,
iii. A current statement of general liability insurance and any monitoring data required by an operating permit or any applicable conditional use permit issued pursuant
to Title 18 JCC.
(c) Annual Inspection. After issuance of an operating permit, commercial shooting facilities shall be subject to an annual inspection by the department following submission of the annual report required by this section. The department shall develop a checklist for an annual inspection. The checklist for the annual inspection shall be provided to the
operator at the time the operating permit is issued and shall be effective during the term of the operating permit.
(d) Noncompliance Inspection. A noncompliance inspection shall be triggered upon receipt by the director of any of the following claims:
i. A claim of noncompliance with the operating permit; or,
ii. A claim that there exists either a life safety incident or threatened harm.
For noncompliance inspections:
i. The department shall have the authority to establish procedures for noncompliance inspections.
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ii. The department shall contact the commercial shooting facility within one
business day after receipt by the department of a claim pursuant to subsection
(d) and shall give the commercial shooting facility a written notice of the claim; and,
iii. The owner or operator shall make the commercial shooting facility available for inspection not later than two business days after receiving a request for an
inspection from the department.
(e) Following an annual inspection or a noncompliance inspection:
i. The department shall inform the owner or operator in writing of any deficiencies or corrective actions to be taken, which may include any of the actions authorized by subsection (f);
ii. The owner or operator shall take corrective action within a reasonable time, as determined by the department in consultation with the operator; and,
iii. The owner or operator shall allow the department to conduct follow-up inspections to verify that corrective action has been taken.
(f) Life Safety Incident. If the director determines there was a life safety incident:
i. The director may suspend or modify the operating permit, close the commercial shooting facility or a shooting range, or modify shooting range operations;
ii. The director shall provide the owner or operator a written notice that shall set forth each claimed life safety incident with a specific reference to applicable violation of this article or operating permit and the corrective measures to be
taken;
iii. The owner or operator shall respond in writing to the written notice provided by the director and shall take any necessary corrective measures within a reasonable time, as determined by the department in consultation with the operator;
iv. The owner or operator shall allow the department to conduct follow-up inspections to verify that corrective action has been taken;
v. The department shall verify that corrective action has been taken; and,
vi. Until the corrective measures are completed and verified, the director’s determination in JCC 8.50.230(5)(f)(i) shall remain in effect.
(g) Effect of a Suspension of an Operating Permit. An operating permit that has been suspended requires the commercial shooting facility to cease any firing activities until the permit has been reinstated by the director.
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(h) Land Use Permits Also May be Required. In addition to the operating permit
required by this article, land usea separate permit applications under may be
required under Title 18 JCC. Land use permit applications for a commercial shooting facility shall be governed by Title 18 JCC.
8.50.240 Application for a Commercial Shooting Facility Operating Permit.
(1) Required Components. The application for a commercial shooting facility operating permit
shall contain a Safety and Environmental Health Plan with the components required in the
subsections that follow:
(a) Facility Design Plan;
(b) Safety ComponentPlan;
(c) Operations ComponentPlan;
(d) Environmental Health ComponentPlan;
(e) Sound Suppression ComponentPlan;
(f) Professional Evaluation;
(g) Certification; and,
(h) A list of all property owners prepared by a title company within the distance of the safety fan, but no less than one mile.
Facility Design Plan.
(a) The Facility Design Plan for all indoor and outdoor commercial shooting facilities shall
contain the following elements:
i.Locations and dimensions of all walkways;
ii.Locations of all hazardous material storage and use, per a hazardous substance or hazardous waste management plan, if needed; and,
iii.The component parts for each shooting range.
(b) The Facility Design Plan for all outdoor commercial shooting facilities:
i. Locations and dimensions of firing lines or firing points, target lines and impact areas including all related buildings;
ii. Locations, dimensions and slope of all backstops and side berms, whether natural feature or manmade and the volume, source, and type of all materials of which they are
comprised;
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iii. Locations and specifications of all baffles and containment structures;
iv. Location of all security measures specified in JCC 8.50.250(1);
v. The safety fan for each shooting range proposed;
vi. Approximate location of buildings on adjoining property;
vii. Approximate location of any stream, river, lake, or other body of water within 500 yards of the commercial shooting facility.
viii. Dimensional drawings of physical layout for each of the items listed in this subsection, drawn at an engineering scale appropriate for the drawings;
ix. Horizontal drawings of the baffles and containment structures, and a description of the materials to be used for them;
x. For rifle and pistol shooting ranges:
A. Longitudinal cross-sections, with elevations, of that portion of each shooting range from 10 feet behind each firing line to 10 feet beyond the downrange terminus of each direct fire zone, 10 feet beyond the back toe of each backstop if manmade, or if natural, 20 feet beyond the front edge of the backstop, as applicable; and,
B. Latitudinal cross-sections, from 10 feet outside all side berms or the edge of each safety fan, of typical areas between each firing line and backstop or downrange terminus of the direct fire zone.
xi. For five-stand shooting, skeet shooting, sport clay shooting and trap shooting ranges, the location and dimension of the shot fall zones and component parts; and,
xii. Elevations of all shooting ranges showing target area, backstops and berms.
(2) Safety ComponentPlan. The Safety ComponentPlan shall contain at least the following
elements:
(a) The safety fan for each shooting range proposed;
(b) Approximate location of buildings on adjoining property;
(c) Sign-in procedures, rules and regulations, and protocols for the use of shooting ranges;
(d) An emergency plan, to include provision for immediate notification to 911 of any life safety incident and on the next business day to the department;
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(e) Methods for documenting the accidental or unintended release of a bullet anywhere at or
from the commercial shooting facility, which documentation shall be transmitted to the
department within 7 days of the release;
(f) Provisions for the safe loading and unloading of firearms;
(g) A requirement that range masters and range officers shall complete the necessary training and obtain certification to be a range master or range officer;
(h) A requirement that at least one range master or range officer be present when shooting is occurring whenever the commercial shooting facility is open to the public;
(i) A requirement that when the commercial shooting facility is closed to the public, a commercial shooting facility member who has passed the minimum training requirements of the range shall be present;
(j) Provision for specific safety requirements for all cowboy action shooting, practical shooting, and similar sports shooting matches at any shooting range;
(k) Rules and regulations for changing the use of shooting ranges from cold ranges to hot ranges or vice versa;
(l) A means for participants and spectators to readily contact emergency services such as fire
or emergency medical services; and,
(m) Provision for emergency services access by vehicle or air transport.;
(n) A requirement prohibiting the use of alcohol, Cannabis or other drugs at the commercial shooting facility when it is open to the public or shooting is occurring.;
(o) A requirement that drones may not be flown by anyone on the commercial shooting
facility when open to the public or while shooting is being conducted.; and,
(p) A requirement that no shooting take place after dark, except for law enforcement officers or members of the armed forces provided such shooting after dark for law enforcement officers or members of the armed forces does not occur after 10 p.m., shooting does not exceed four hours, and the maximum days shooting after dark is allowed does not exceed one
day per week.
(3) Operations ComponentPlan. The Operations ComponentPlan shall contain at least the
following elements:
(a) The days of the week and the hours of operations;
(b) Whether the commercial shooting facility will be open to the public, open only to private
membership, open to training for groups or organizations, or any combination of these;
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(c) A description of any activities that would not be overseen by the owner or operator and
how the owner or operator will obtain compliance with the operating permit for these
activities.
(d) The types and largest caliber of firearms and ammunition to be allowed on each shooting
range;
(e) Type of shooting proposed on each shooting range;
(f) Whether exploding targets are to be used. If so, a plan for mitigation of noise impacts on
neighbors;
(g) A requirement that the owner or operator maintain comprehensive general liability
insurance coverage, with a minimum coverage amount of one million dollars for each
occurrence and combined single limit and two million in the aggregate during operation
of the commercial shooting facility;
(h) A requirement that certificates of insurance for all policies that provide insurance
coverage for the commercial shooting facility be provided to the department evidencing
continuous insurance coverage required by the Operations Plan within fifteen (15) days
of approval of the Operations Permit that include:
i. The limits of coverage;
ii. The names and addresses of all certificate holders; and,
iii. A statement that the insurance policy shall not be canceled or allowed to expire
except on thirty (30) days prior written notice to the department.
(i) A requirement that the department be notified of any change in the insurance required by
the Operations Plan.
(4) Environmental Health ComponentPlan. Each commercial shooting facility operator shall
develop and submit anThe Environmental Componentplan withshall contain the following
minimum requirements:
(a) BMPs for the collection and disposal of bullets, cartridges, and shotgun wadding.
(b) Approximate location of any stream, river, lake, or other body of water within 500 yards
of the commercial shooting facility.
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(c) At indoor facilities, BMPs for lead as recommended by the National Institute for
Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert –
Preventing Exposures to Lead and Noise at Indoor Firing Ranges, as it exists now or later
is amended.
(d) At outdoor facilities, BMPs for lead as recommended by USEPA Region 2 in its 2005
publication entitled Best Management Practices for Outdoor Shooting Ranges, as it exists
now or later is amended.
(e) If, other than lead, any hazardous substance or hazardous waste will be keptstored at the
commercial shooting facility, the Environmental Health ComponentPlan also shall
include:
i. A plan for compliance with requirements under existing law for the handling and
closure of facilities for storage or use of the hazardous substance or hazardous waste;
and,
ii. A plan for financial assurance consistent with existing law for addressing any
remediation of hazardous substances or hazardous waste.
(e) For the avoidance of doubt, this article neither seeks to set nor does set any substantive
environmental standards, including but not limited to standards for any hazardous
substance or hazardous waste, including but not limited to lead.2
(5) Sound Suppression ComponentNoise Abatement Plan. Each commercial shooting facility
operator shall develop and submit a noise abatement plan. The sound suppression
component shall contain the following minimum requirements:
(a) Identify potential sound issues and potential solutions to those issues;
(b) Describe proposed methodologies and technologies to suppress soundmitigate noise from
operations proposed for the facility;
(c) Provide a description of how the sound suppression component will be integrated into
yearly planningimplemented on a yearly basis; and,
(d) Contain BMPs to maximize sound suppressionnoise abatement consistent with the NRA
Source Book and Chapter 8.70 JCC (noise control).
2 Moved to JCC 8.50.310(3), below.
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(6) Professional Evaluation.
(a) The Professional Evaluation shall be the responsibility of the county under the direction
of the director and shall be performed by a qualified shooting range evaluator.
(b) If requested, the applicant shall allow for an inspection of the site of the new or
established commercial shooting facility by the qualified shooting range evaluator.
(c) The Professional Evaluationqualified shooting range evaluator shall contain an
evaluation of the operating permit application that shall be performed by a qualified
shooting range evaluator (as defined above) that meets the following minimum
requirements provide a written evaluation of the level of safety of the operations
proposed in the operating permit application, which should consider:
i. The evaluation shall discuss Any An evaluation of all safety issues not addressed
by the operating permit application;
ii. Any An evaluation of all proposed usesoperations that are inconsistent with the
NRA Range Source Book for facility designs and institutional controls;
iii. The evaluation shall include An evaluation of whether the commercial shooting
facility’s operationsuses and institutional controls described in the application for
an operating permit minimize threatened harm;
iv. The evaluation shall be in written form and signed byThe signature of the
qualified shooting range evaluator;
v. For new commercial shooting facilities, the evaluation shall certify a certification
that the operating permit application satisfies all the requirements of this article.
vi. For established commercial shooting facilities, the evaluation shall classify the
ways in which the facility is currently non-compliant with this article according to
the following priorities:
A. Life safety issues or critical area deficiencies that must be remedied prior to
issuance of an operating permit; and,
B. Facility design componentsProposed operations that do not meet the safety
objectives of this article.; and,
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C. Facility design components that do not mitigate detrimental effects of the
facility on critical areas.
(d) The applicant shall reimburse the county for the actual costs incurred (including
consultant work and the cost of county staff review based on the applicable hourly rates,
less the application fee) of the evaluation. No operating permit shall be issued until
reimbursement to the county is made.
(e) The applicant may challenge the evaluation by appealing the professional evaluation to
the hearing examiner pursuant to JCC 8.50.260.
(c) Certification.
(a) Every application for an operating permit for a new commercial shooting facility shall be
accompanied by a notarized certification by the operator that specifies the commercial
shooting facility:
i. Complies with this article;
ii. Meets commonly accepted shooting facility safety and designoperations practices;
and,
iii. Shall be operated in a manner that protects the safety of all persons present at the
commercial shooting facility and persons on neighboring properties.
(b) Every application for an operating permit for an established commercial shooting facility
shall be accompanied by a notarized certification by the operator that specifies the
following:
i. The operator will abide by the improvement plan agreed upon as a condition of the
issuance of the operating permit;
ii. Areas of non-compliance at the commercial shooting facility will not increase over
time;
iii. That as much as possible the facility meets commonly accepted shooting facility
safety and designoperations practices; and,
iv. That the facility shall be operated in a manner that protects the safety of all persons
present at the commercial shooting facility and persons on neighboring properties.
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(9) Notice and Comment.
(a) The director shall issue a notice of application for on all commercial shooting facilities.
(b) The notice of application shall include the following:
i. The name and address of the applicant or the applicant’s representative;
ii. The date of application, the date of the notice of completion for the application, and
the date of the notice of application;
iii. The street address location of the project or, if unavailable, a description of the
subject property reasonably sufficient to inform the public of its location, which may
include a vicinity location (map), the location in reference to roadway intersections,
or a written description (rural route box or subdivision lot and block alone are not
sufficient);
iv. The identification of state, federal or other permits required by other agencies with
jurisdiction not included in the application, to the extent known by the county;
v. The name and phone number of the person at the department evaluating the
application;
vi. A statement of the limits of the public comment period, which shall be 30 calendar
days following the date of the notice of application;
vii. Statements of the right of any person to comment on the application, receive notice of
and participate in any hearings, request a copy of the decision once made, and any
appeal rights;
viii. A statement of the preliminary determination, if one has been made at the time of the
notice of application, of the proposed commercial shooting facility’s consistency with
this article;
ix. The date, time, place of hearing, if applicable, and if scheduled prior to the date of the
notice of application;
x. A statement of when and where a copy of the application, all supporting
documentation and evidence relied upon by the applicant, and applicable
development regulations may be available for public inspection;
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xi. A statement that a copy of any staff report will be available for inspection at no cost
to the public at least 7 calendar days prior to any public hearing (if applicable);3 and,
xii. Any other information the administrator determines appropriate.
(c) The director shall issue the notice within 14 calendar days of receipt of an application for
a commercial shooting facility.
(d) The notice of application shall be sent by mail to the applicant and to all property owners
identified in JCC 8.50.240(1)(h).
(e) The notice of application shall also be published in the official county newspaper at least
once. Published notice shall include the proposed commercial shooting facility’s road or
street address or location, type(s) of permit(s) all applied for concerning the commercial
shooting facility, comment period dates, and location where the complete application and
notice of application may be reviewed.
(f) The department shall be responsible for preparation of the list of all property owners
identified in JCC 8.50.240(1)(h); provided, that the director retains the authority to
require the applicant to supply and certify the list of all property owners identified in JCC
8.50.240(1)(h) in circumstances where the information is not readily available to the
county. The department shall obtain addresses for mailed notice from the county’s
geographic information system (GIS) or real property tax records. The director shall
make a notation in the file affirming mailing of notice to all persons entitled to notice
under this article.
(g) All public notices shall be deemed to have been provided or received on the date the
notice is deposited in the mail or personally delivered, whichever occurs first.
(h) Failure to send notice by mail shall not invalidate such proceedings where the owner
appears at the hearing or receives actual notice.
(i) As optional methods of providing public notice of any operating permits, the county may:
i. Notify the public or private groups with known interest in a certain proposal or in the
type of proposal being considered;
3 This is now covered in the Hearing Examiner Code, Chapter 2.30 JCC.
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APPENDIX A
ii. Notify the news media;
iii. Place notices in appropriate regional or neighborhood newspapers or trade journals;
iv. Place public notice in agency newsletters or send notice to agency mailing lists, either
general lists or lists for specific proposals or subject areas;
v. Mail to neighboring property owners; or,
vi. Place notices on the Internet.
(j) The county’s failure to provide the optional notice as described above shall not be
grounds for invalidation of any operating permit decision.
(k) The comment period shall be 30 calendar days from the date of the published notice of
application.
(l) Comments may be mailed, personally delivered or sent by facsimile.
(m) Comments shall be as specific as possible.
(n) The director will receive public comments during regular business hours any time up to
and during the open record hearing, if any, or if there is no pre-decision hearingopen
record hearing, prior to the decision on the operating permit.
(o) The county may not issue a decision or recommendation on the operating permit until the
expiration of the public comment period on the notice of application.
(p) The applicant shall reimburse the county for the actual costs incurred for providing
notice. No operating permit shall be issued until reimbursement to the county is made.
8.50.250 Minimum Standards.
(1) Required Security. Commercial shooting facilities shall provide security measuresbe operated
to deter unauthorized entry to any shooting range, such as barriers, berms, cameras, gates,
fencing, on-site security personnel, physical limits, or signage.
(2) Containment. Commercial shooting facilities shall be designed and operated so that when
firearms are operating in accordance with the rules and regulations (as defined above), thereby
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APPENDIX A
minimizing threatened harm all projectiles are kept from leaving any shooting range or the
commercial shooting facility.
(3) Critical Areas.Operations Cannot Create a Nuisance. The operation of commercial shooting
facilities shall not create a public nuisance.Commercial shooting facilities shall be designed
and operated to prevent adverse impacts to critical areas.
8.50.260 Administrative Remedy for Decisions Made by the Director.
When a decision is made by the director pursuant to the provisions of this article, an applicant or
any aggrieved party may appeal the decision to the hearing examiner pursuant to the procedures
in Chapter 2.30 JCC (Hearing Examiner Code) by providing written notice of appeal to the
director within 14 calendar days of the decision. The fee for such appeal shall be as set forth in
the Jefferson County fee ordinance and must be paid by the appellant at the time of filing the
notice of appeal.
8.50.270 Judicial Appeals.
(1) Time to File Judicial Appeal. Within 21 calendar days of the date the decision or action
becomes final, the applicant or any aggrieved party may appeal the final decision of the
director or the hearing examiner to a court of competent jurisdiction in a manner consistent
with state law.
(2) All appellants and aggrieved persons must timely exhaust all administrative remedies prior to
filing a judicial appeal.
(3) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the
court shall be served by delivery to the county auditor (see RCW 4.28.080), and all persons
identified in JCC 8.50.240(1)(h), within the applicable time period. This requirement is
jurisdictional.
(4) Cost of Appeal. The person who filed the notice of appeal shall be responsible for the cost of
transcribing and preparing all records ordered certified by a court or desired by the person
who filed the notice of appeal. Prior to the preparation of any records, the person who filed
the notice of appeal shall post with the county auditor an advance fee deposit in an amount
specified by the county auditor. Any overage will be promptly returned.
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8.50.280 Safe Harbor for Owners and Operators.
Full compliance with an operating permit creates a rebuttable presumption that the commercial
shooting facility is not being operated as a nuisance. For the avoidance of doubt, tThe burden of
proving full compliance is on the owner or operator.
8.50.290 Reports of Violations of this Article.
(1) Creation of a Form. The director, in consultation with the sheriff, shall develop a form for
receipt of reports of violations of this article.
(2) Provided to the Owner or Operator. All reports of violation shall be provided to the owner or
operator of the commercial shooting facility as soon as possible, but no later than two
business days from the receipt of the report of violation.
(3) Maintenance of Reports. The director shall maintain a copy of all reports of violation for at
least two years following receipt of a report of violation.
(4) Discussion During Annual Inspection. During the annual inspection, all reports of violation
shall be addressed by the department and the owner or operator of a commercial shooting
facility.
(5) Response to Reports of Violation.
(a) Name of Informant. All reports of violation shall be encouraged to include the name of
an informant with current contact information for use in the investigation.
(b) Expedited Response. The sheriff shall respond to reports of life safety incidents or
threatened harm that violate this article as soon as practical, considering the nature of the
report of violation and the other operational demands on the sheriff at the time the report
of violation is received.
(c) Routine Response. Other reports of violation shall be evaluated by the department for
investigation. In consultation with the sheriff, the department shall develop a procedure
for addressing other reports of violation.
(d) Noise Only Response. When the report of violation is limited to a claim of noise
nuisance, the report of violation shall be addressed by the sheriff under Chapter 8.70 JCC
(Noise Control).
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APPENDIX A
8.50.300 Review Committee.
The county board of commissioners may require the director to establish a review committee to
evaluate proposed revisions to this article. The review committee shall consist of: (a) the
director of the department of community development or the director’s designee (chair); (b)
Jefferson County Sheriff or the Sheriff’s designee; (c) Jefferson County Director of
Environmental Health or the director’s designee; (c) a representative of each current commercial
shooting facility in unincorporated Jefferson County; (d) a resident or property owner from each
of the three districts of Jefferson County; (e) one representative of tribal interests, if interested;
and (f) one at large Jefferson County resident or property owner appointed by the county board
of commissioners. The Jefferson County Prosecuting Attorney (or designee) shall be an ex
officio member ofadvisor to the review committee but shall not be required to attend every
meeting of the review committee. All Review Committee meetings shall be subject to the
requirements of the Open Public Meetings Act, Chapter 42.30 RCW.
8.50.310 Limitations on the Applicability of this Article.
(1) This article does not place physical controls on development of land,4 does not control land
use activities,5 and does not modify any applicable conditional use approval criteria under Title
18 JCC.
(2) Nothing in this article shall be construed as establishing zoning, subdivision control, platting
or adoption of detailed maps to control the physical development of Jefferson County.
4 Compare RCW 36.70.020(11) (“‘Official controls’ means legislatively defined and enacted policies, standards, precise detailed maps and other criteria, all of which control the physical development of a county or any part thereof or any detail thereof, and are the means of translating into regulations and ordinances all or any part of the general objectives of the
comprehensive plan. Such official controls may include, but are not limited to, ordinances
establishing zoning, subdivision control, platting, and adoption of detailed maps.”). 5 Compare RCW 36.70A.030(8) (“‘Development regulations’ or ‘regulation’ means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls,
planned unit development ordinances, subdivision ordinances, and binding site plan ordinances
together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.).
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(3) The mention of members of armed forces in this article is neither a statement of authorization
or prohibition by the county of training by units of the armed forces at any commercial shooting
facility. Any disclosure requirements in this article related to members of the armed forces or
law enforcement officers only requires information to be provided to regulate the operations
at a commercial shooting facility under this article. The mention of members of the armed
forces in this article does not change any provision in Title 18 JCC, including but not limited
to uses authorized or conditional use approval criteria.
(4) This article requires BMPs for compliance with existing substantive environmental standards.
However, this article does create any substantive environmental standards, including but not
limited to standards for critical areas, shoreline management, or storage of any hazardous
substance or hazardous waste.
(5) This article does not vest or provide non-conforming status under any provision of the JCC.
An operating permit issued under this article does not alter the legal nonconforming use status
and rights of established commercial shooting facilities, which are governed by Title 18
JCC and the common law, nor shall the operating permit authorize expansion of commercial
shooting facility uses that otherwise require approval pursuant to a conditional use permit or
other land use permits per Title 18 JCC.
(6) Nothing in article shall be construed as:
(a) Authorizing an application or a permit for an outdoor commercial shooting facility to be
located in whole or in part in an area designated as an area where the discharge of firearms
is prohibited under Chapter 8.50 JCC. Shooting rangesOutdoor commercial shooting
facilities in such areas are expressly prohibited.
(b) Permitting the discharge of firearms, the ownership or possession of which is otherwise
prohibited by law.
(c) Permitting the use or possession of a firearm by an individual who is otherwise prohibited
by law from owning or possessing that firearm.
(d) Allowing or authorizing the discharge of firearms otherwise prohibited by state or federal
law.
(e) Allowing or authorizing the discharge of tracer or incendiary ammunition.
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APPENDIX A
(f) Allowing or authorizing the discharge of a destructive device as that term is defined in 25
U.S.C. Section 5845(f) or any explosive as that term is defined in RCW 70.74.010(5).
(g) Allowing or authorizing the discharge of a machine gun as that term is defined in 26 U.S.C.
Section 5845(b) or RCW 9.41.010(17), unless specifically authorized under RCW
9.41.190(3).
(h) Allowing or authorizing the discharge of a short-barreled rifle or a short-barreled shotgun
as those terms are defined in RCW 9.41.010, unless specifically authorized under RCW
9.41.190(3).
(i) Permitting a commercial shooting facility to maintain or create a public nuisance as defined
in Chapter 7.48 RCW, JCC 5.10.050, JCC 8.20.140, JCC 8.30.020, JCC 8.55.070, Chapter
8.70 JCC, Chapter 8.90 JCC, JCC 15.05.100, or Title 18 JCC.
(j) Abridging or altering the rights of action by the state, by the county or by persons, which
exist in equity, common law, or other statutes to abate pollution or to abate a nuisance.
(k) Limiting a court of competent jurisdiction from:
i. Ruling that a commercial shooting facility is a public nuisance; or,
ii. Requiring additional noise, environmental or safety controls as a condition of continued
operation of a commercial shooting facility.
(l) Nullifying or rendering void the terms of any existing or future injunctive order issued by
a court of competent jurisdiction pertaining to operations or activities at a shooting range
or commercial shooting facility.
8.50.320 Warning and Disclaimer of Liability.
The degree of protection required by this article for commercial shooting facilities is reasonable
for regulatory purposes and is based on available information. This article does not imply that
commercial shooting facilities will be free from risk of bodily injury or property damage, even if
operated consistently with an operating permit. This article does not create liability on the part of
the county or any officer or employee of the county for any bodily injury or property damage that
results from reliance on this article, or any administrative decision made lawfully under this article,
including but not limited to the decision to approve the application for an operating permit. By
regulating commercial shooting facilities, the county is attempting to address obvious safety and
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environmental issues at commercial shooting facilities. Neither this article nor an operating permit
issued pursuant to this article may be relied upon as a determination that operation of a commercial
shooting facility consistent with an operating permit renders the commercial shooting facility free
from the risk of bodily injury or property damage.
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APPENDIX B
COUNTY OF JEFFERSON STATE OF WASHINGTON
An Ordinance Repealing and Replacing Ordinance 15-1214-18 and Amending Title 18 Jefferson County Code related to Commercial Shooting Facilities
} } } }
ORDINANCE NO. __________
WHEREAS, Article XI, Section 11 of the Washington State Constitution, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents as are not in conflict with general laws; and, WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and
preempts the entire field of firearms regulations within its boundaries, and counties may only enact ordinances as expressly authorized by RCW 9.41.300; and, WHEREAS, RCW 9.41.300(2)(a) provides an exception to RCW 9.41.290 under which a county may, by ordinance, restrict the discharge of firearms in any portion of its jurisdiction where
there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so long as such ordinance shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and, WHEREAS, Article VI of the United States Constitution states that “This Constitution,
and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding;” WHEREAS, Article I, Section 2 of the Washington State Constitution states, “The Constitution of the United States is the supreme law of the land;” WHEREAS, there is a fundamental principle of Washington law sometimes called “the preemption doctrine,” that derives from Article VI of the United States Constitution, Article I,
Section 2 of the Washington State Constitution, Article XI, Section 11 of the Washington State Constitution, and RCW 36.32.120(7) that the Washington Administrative Code (WAC) calls the “Supremacy Principle,” which holds that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict; WHEREAS, under the Supremacy Principle, state statutes and regulations cannot conflict with the United States Constitution, the Washington Constitution, and federal laws; and, local ordinances and regulations cannot conflict with the United States Constitution, federal laws, the Washington Constitution, or state laws;
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APPENDIX B
WHEREAS, Article I, Section 32 of the Washington State Constitution states, “A frequent recurrence to fundamental principles is essential to the security of individual right and the
perpetuity of free government;”
WHEREAS, this Ordinance protects the rights of citizens under Washington Constitution Article I, Section 24 and the Second Amendment to the United States Constitution; WHEREAS, local governments have considerable latitude in exercising police powers and a regulation is reasonable if it promotes public safety, health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose being pursued; WHEREAS, Jefferson County is required to under RCW 36.70A.040 to plan under the
Growth Management Act and must implement its Comprehensive Plan through development regulations; and, WHEREAS, Jefferson County Code (JCC) 18.45.090 permits the County to amend their development regulations when the amendment is consistent with the Comprehensive Plan and after
referral and consideration by the Planning Commission; and, WHEREAS, RCW 36.70A.060 requires that development regulations assure the conservation of natural resource lands; and, WHEREAS, due to the amount of land in Jefferson County owned by the federal and state governments, areas of protected shorelines, and limited water and septic capacity in other areas of Jefferson County, there are limited areas where residents can live; and, WHEREAS, according to the 2018 Jefferson County Comprehensive Plan, Forest
Resource Lands in Jefferson County (Zones IF-20, RF-40, CF-80) represent 76.4 percent of the land in Jefferson County; WHEREAS, widely disseminated information exists about uncontrolled incidents at shooting ranges where people’s safety has been threatened; and,
WHEREAS, commercial shooting facilities are best developed using the best available source information on ensuring minimizing risks from the discharge of firearms and ensuring the greatest level of public safety both on and off these facilities; and, WHEREAS, the National Rifle Association (NRA) 2012 Range Source Book, which provides the best available guidance to assist in safely planning, designing, constructing and maintaining shooting range facilities, makes clear that following these published best practices minimizes but does not eliminate risks associated with the use of firearms either on or off the range; and,
WHEREAS, the NRA 2012 Range Source Book, states, “During the planning and design phases of a project, safety must be paramount and health and safety considerations are twofold: (2) ensuring the health and safety of participants, staff and spectators, and (2) ensuring the health and safety of surrounding inhabitants;” and,
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APPENDIX B
WHEREAS, at commercial shooting facilities and their surrounding areas, there is a
reasonable likelihood that humans, domestic animals, or property will be jeopardized; and,
WHEREAS, Jefferson County experienced a substantial increase in population density in areas proximate to its existing commercial shooting facilities and the County has an interest in ensuring the compatibility of commercial shooting facilities with their surroundings and in
minimizing potential safety hazards created by the operation of commercial shooting facilities; and, WHEREAS, public complaints about lack of safety and nuisance noise arising from the operation of commercial shooting facilities in unincorporated Jefferson County have called on the scarce resources of Jefferson County’s emergency management system and the Sheriff’s Office,
which has the effect of diminishing the availability of these resources for emergency services; and, WHEREAS, Jefferson County has rural areas where commercial shooting facilities may be appropriate, but where emergency services are scarce and adopting a commercial shooting ordinance would promote public safety and preserve precious emergency services; and,
WHEREAS, commercial shooting facilities benefit Jefferson County by providing its residents and law enforcement the opportunity to learn firearm safety, to practice shooting, and to participate in amateur recreational firearm sports in a safe, controlled setting; and, WHEREAS, the BoCC finds it is in the public interest to provide for commercial shooting facilities in Jefferson County in the face of increasing population pressure, the limited space where people can live and the extensive percentage of Forest Resource Lands; and, WHEREAS, the BoCC adopted Ordinance 12-1102-18 on November 2, 2018 and adopted
Ordinance No. 15-1214-18 on December 14, 2018 as reasonable regulations for commercial shooting facilities; and, WHEREAS, the BoCC did not intend that Ordinance 12-1102-18 be a development regulation as defined in the Growth Management Act (Chapter 36.70A RCW); and,
WHEREAS, the BoCC had a reasonable belief that Ordinance No. 15-1214-18 protected natural resource lands, as required by RCW 36.70A.060; and, WHEREAS, on September 16, 2019, the Western Washington Growth Management
Hearings Board (Growth Board) issued its Final Decision and Order in Case No. 19-02-0003-c, which invalidated the Title 8 Ordinance on the basis that it was a development regulation under the Growth Management Act and was invalid because it had not been reviewed under the State Environmental Policy Act (Chapter 43.21C RCW) and did not comply with the County’s public participation process which requires consideration by the Jefferson County Planning Commission;
and, WHEREAS, the Growth Board’s September 16, 2019 decision invalidated Ordinance 12-1102-18 and Ordinance No. 15-1214-18 under the Growth Management Act Growth Management
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APPENDIX B
Act and remanded them to Jefferson County to achieve compliance as addressed in the Final Decision and Order with compliance due on March 2, 2020; and,
WHEREAS, the Growth Board’s September 16, 2019 decision criticized Ordinance No. 15-1214-18 because it modified the previous shooting facility regulations which only allowed small-scale recreation and tourist uses defined as isolated uses which are leisure or recreational in nature; and,
WHEREAS, the County finds that the small-scale tourist and recreation limitations, along with other development regulations contained in this Ordinance assure the conservation of natural resource lands, as required by RCW 36.70A.060; and, WHEREAS, on September 23, 2019 the BoCC referred both Ordinance 12-1102-18 and Ordinance No. 15-1214-18 to the Jefferson County Planning Commission to ensure compliance with the Growth Board’s remand; and, WHEREAS, the Growth Management Act regulations at WAC 365-196-725(1) require
that the County consider the Supremacy Principle, which states: “Comprehensive plans and development regulations adopted under the act are subject to the supremacy principle of Article VI, United States Constitution and of Article XI, Section 11, Washington state Constitution;” and, WHEREAS, Policy LU-P-1.2 of the 2018 Comprehensive Plan states that the County must
follow the supremacy principle and “Acknowledge and protect the rights of private property owners in preparing land use, development, and environmental regulations, prohibit arbitrary and discriminatory actions, and preserve reasonable uses for regulated properties;” and, WHEREAS, because this Ordinance is a development regulation under the Growth
Management Act, the County utilized its public participation process for comprehensive plan amendments and development regulations required by the Growth Management Act, including consideration by the Jefferson County Planning Commission; and, WHEREAS, the County has fulfilled the requirements of the State Environmental Policy
Act and the has utilized County’s public participation process, including consideration by the Jefferson County Planning Commission; and, NOW, THEREFORE, be it ordained by the BoCC as follows
Section 1. Modification of Title 18 JCC. Title 18 JCC shall be modified as set forth in Appendix A.
Section 2. Findings. The BoCC hereby adopts the above recitals (the “WHEREAS” statements) as its findings of fact in support of this Ordinance.
Section 3. No Effect on the Moratorium Adopted in Ordinance No. 11-0923-19. The moratorium
in Ordinance No. 11-0923-19 is not terminated by the adoption of this Ordinance and continues until the BoCC determines that the need for a moratorium has ended or until the moratorium terminates of its own accord, if not subsequently extended by the BoCC pursuant to state law.
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Section 3. Severability. The provisions of this Ordinance are declared separate and severable. If
any provision of this Ordinance or its application to any person or circumstances is held invalid,
then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected.
Section 4. SEPA Compliance. [DESCRIBE SEPA COMPLIANCE HERE.]
Section 5. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
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APPENDIX B
ADOPTED this _____ day of _________________________ 2019, at ___: ___ a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL: ______________________________ Kate Dean, Chair
______________________________ David Sullivan, Member ATTEST: ______________________________ Greg Brotherton, Member
APPROVED AS TO FORM: ______________________________ ______________________________ Carolyn Gallaway, Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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APPENDIX B
APPENDIX A
ADDITIONS OR DELETIONS TO DEFINITIONS:
18.10.030 C definitions.
“Commercial shooting facility” means an indoor shooting facility or outdoor shooting facility
designed and specifically designated for safe shooting practice with firearms, whether open to the
public, open only to private membership, or any combination of the above that for the use of the
commercial shooting facility requires a contract, charges a fee or other compensation, or requires
membership. In addition, where property is used primarily for lawful shooting practice for guests
of the owner, and where the other uses of the property either facilitate shooting practice or are
incidental, intermittent or occasional, it is presumed that the property used for lawful shooting
practices is a commercial shooting facility. The term “commercial shooting facility” does not
include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the
United States, the State of Washington, or any political subdivision of the State of
Washington;
(b) Any portion of a privately-owned property used for lawful shooting practice solely by
its owner or the owner’s guests without payment of any compensation to the owner of
the privately-owned property or to any other person. For the avoidance of doubt, where
privately owned property is used primarily for lawful shooting practice for guests of
the owner, and where the other uses of the property either facilitate shooting practice
or are incidental, intermittent or occasional, it is presumed that the privately owned
property used for lawful shooting practices is a commercial shooting facility.
18.10.060 F definitions.
“Firearm” means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle, short-
barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as those terms
are defined in RCW 9.41.010. The term “firearm” shall not include: (a) devices, including but
not limited to “nail guns,” which are used as tools in the construction or building industries and
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APPENDIX B
which would otherwise fall within this definition; or, (b) a “destructive device” as defined in 18
U.S.C. Section 921(a)(2).
“Firing line” means a line parallel to the targets from which firearms are discharged.
“Firing point” means a location from which one individual fires at an associated target located
down range.
18.10.090 I definitions.
“Impact area” means the area in a backstop or bullet trap directly behind the target where bullets
are expected to impact or the area downrange where bullets will impact if not captured by a
backstop or bullet trap.
“Indoor shooting facility” means a commercial shooting facility within a fully enclosed structure.
18.10.130 M definitions.
“Minimal impacts” means impacts that do not cause adverse impacts on the human or natural
environments that cannot be mitigated by conditions of approval.
“Minimal demands on existing infrastructure” means demands that do not cause the need for
additional infrastructure, including but not limited to roads, fire protection, water, wastewater
disposal or stormwater control that is not provided by the applicant.
18.10.140 N definitions.
“NRA Range Source Book” has the same meaning as in JCC 8.50.220(39) means the most
current version of The NRA Range Source Book published by the National Rifle Association.
18.10.150 O definitions.
Outdoor Shooting Range. (See “Shooting range.”)
“Outdoor commercial shooting facility” means a commercial shooting facility that is not an
indoor shooting facility.
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APPENDIX B
18.10.160 P definitions.
“Physical containment” with respect to a commercial shooting facility means the use of physical
barriers that are sufficient to contain the projectile from the highest power firearm used on a
shooting range when the shooting range is used in accordance with its operating permit. Physical
containment may include, but is not limited to baffles, sidewalls, backstops and berms of adequate
design, quantity, and location to ensure that projectiles cannot escape the commercial shooting
facility.
“Projectile” means an object fired from a firearm.
18.10.180 R definitions.
“Recreational uses” means those activities of a voluntary and leisure time nature that aid in
promoting entertainment, pleasure, play, relaxation, or instruction.
“Rules and regulations” with reference to a commercial shooting facility means requirements used
for the safe operation of a commercial shooting facility.
18.10.190 S definitions.
“Safety fan” means all areas in or outside a shooting range where projectiles may impact or
ricochet when firearms are operated in accordance with rules and regulations (as defined above).
The safety fan extends to the maximum range of the most powerful cartridge and firearm used on
the shooting range unless adequate physical containment is provided. When physical
containment is adequate, the safety fan is limited to the area within the containment.
“Shooting range” consists of a firing line or firing points, and an impact area.
“Small-scale recreation or tourist uses” means recreational uses or tourist uses that are reliant
upon a rural setting or location; do not include any new residential development beyond that
allowed in the underlying land use district; and otherwise meet the performance standards in JCC
18.20.350.
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APPENDIX B
8.10.200 T definitions.
“Tourist uses” means used by persons traveling for pleasure or culture.
18.15.045 Unnamed uses.
This code recognizes that not every conceivable use can be identified and that new uses may
evolve over time. Furthermore, it establishes the administrator’s authority to review proposed
“unnamed” uses for similarity with other uses listed in this code and to ensure consistency of the
proposed use with the applicable district. When a use is not specifically listed in Table 3-1 (or, if
proposed within the Irondale and Port Hadlock UGA, in Chapter 18.18 JCC), it shall be reviewed
as a discretionary “D” use by the administrator, using a Type II process specified in Chapter
18.40 JCC. The administrator shall use the criteria contained in JCC 18.15.040(2) to determine
and establish whether the proposed unnamed use shall be classified as an allowed use, a
conditional use, or prohibited within the applicable district.
(1) When Table 3A-1 prohibits or authorizes unnamed uses or unnamed facilities in a zone as
a discretionary “D” use, discretional conditional “C(d)” use, or conditional “C” use, the
administrator shall follow the use or facility listed in Table 3A-1.
(2) Not every conceivable use or facility can be identified and that new uses or facilities may
evolve over time. When it is not clear whether a proposed use or facility is listed in Table 3A-1
as named or unnamed, the administrator may issue a code interpretation pursuant to JCC
18.40.360, which shall classify the proposed use or facility as either named or unnamed,
considering the factors listed in Section 18.40.360(4). If classified as a named use, the
administrator shall identify the named use listed in Table 3A-1. If classified as an unnamed use,
the administrator shall use the criteria contained in JCC 18.15.040(2) to determine and establish
whether the proposed unnamed use shall be classified as an allowed use, a conditional use, or
prohibited within the applicable district.
18.15.040 Categories of land use.
Land uses regulated under this code are divided into four categories, as identified in Table 3-1.
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APPENDIX B
(1) Uses Allowed. Uses allowed subject to meeting the applicable performance standards
(Chapter 18.20 JCC) and development standards (Chapter 18.30 JCC) and other applicable
provisions of this code (including project permit approval, see Chapter 18.40 JCC, if a building
or other development permit is required) are designated by a “Yes.”
(2) Discretionary Uses. Discretionary uses are certain named and all unnamed uses which may
be allowed subject to the applicable development and performance standards (Chapters 18.20
and 18.30 JCC) and an administrative review of potential impacts are designated by a “D” (for
“discretionary”). On the basis of the administrative review, the administrator may classify the
proposed “D” use as either an allowed use, a prohibited use, or a conditional use in the particular
land use district affected.
Discretionary, “D,” uses are subject to a Type II administrative review as specified in Chapter
18.40 JCC. Decisions classifying “D” uses made under this section may be appealed to the
hearing examiner (see Chapter 18.40 JCC). The administrator may classify the discretionary use
as an allowed “Yes ” use in the particular district affected, only if the proposed development:
(a) Complies with the applicable development standards of Chapter 18.30 JCC;
(b) Complies with the performance and use-specific standards unique to the proposed use
specified in Chapter 18.20 JCC;
(c) Is appropriate in design, character, and appearance with the goals and policies for the land use
designation and district in which the proposed use is located;
(d) Is consistent with the goals and policies of the Comprehensive Plan and the applicable
regulations of the Shoreline Master Program if the application involves property located within
the jurisdiction of the state Shoreline Management Act, but does not require a shoreline permit;
(e) Will be served by adequate facilities including access, fire protection, water and sewer
facilities (municipal, community, or on-site systems);
(f) Does not include any use or activity that would result in the siting of an incompatible use
adjacent to an airport or airfield (Chapter 36.70 RCW);
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APPENDIX B
(g) Shall not adversely impact the public health, safety and general welfare of the residents of the
county;
(h) Shares characteristics common with but not of significantly greater intensity, density or that
generates more environmental impact than those uses allowed in the district in which it is to be
located; and
(i) Will not result in impacts on the human or natural environments determined by the
administrator to require review as a conditional use.
If the preceding conditions are not met to the satisfaction of the administrator, the administrator
may either prohibit the use or require a conditional use permit.
JCC 18.20.170 Cottage Industry
(1) Purpose. To provide for small-scale economic development activities on residential parcels,
subordinate to the primary residential use, if the administrator finds that such activities can be
conducted without substantial adverse impact on the residential environment and rural character
in the vicinity. The scale and intensity of cottage industries are typically greater than could be
accommodated as a home business, but less than would require a land use district designation of
commercial or industrial.
(2) The following list of uses allowable as cottage industries include, but are not necessarily
limited to:
(a) Sales of antiques and collectibles;
(b) Art or photography studios;
(c) Computer software development;
(d) Handicrafts;
(e) Ironworking or blacksmith shop;
(f) Construction office;
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APPENDIX B
(g) Furniture repair or refinishing;
(h) Pottery shop;
(i) Real estate sales office;
(j) Small equipment repair;
(k) Woodworking shop;
(l) Excavating contractors;
(m) Small engine and boat repair; and
(n) Auto and truck repair and service (excludes auto and truck sales, fuel stations and heavy
equipment repair).
(3) The following occupations are prohibited as cottage industries, except in the West End
Planning Area – Remote Rural (WEPA RR) overlay district (Article VI-L of Chapter 18.15 JCC)
and when located on parcels with direct access to a principal arterial (i.e., Highway 101) in the
Brinnon Planning Area – Remote Rural (BRPA RR) overlay district:
(a) Heavy equipment repair shop;
(b) Autobody work or paint shop; and
(c) Large-scale furniture stripping.
(4) The following occupations are prohibited as cottage industries in all of unincorporated
Jefferson County:
(a) Commercial shooting facilities or uses which are associated with shooting firearms.
The following occupations are prohibited as cottage industries:
(5) All cottage industries shall be subject to the following standards, except as provided for in the
West End Planning Area and Brinnon Planning Area – Remote Rural overlay districts as
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APPENDIX B
specified in Article VI-L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End
Planning Area and the Brinnon Planning Area.
(a) The cottage industry shall be operated by at least one full-time, bona fide resident in a single-
family residence of the parcel on which the proposed use is being requested.
(b) The cottage industry may not employ more than four employees on the site who reside off the
subject property. Auto and truck repair shall only employ two persons on the site who reside off
the subject property.
(c) Only those buildings or areas as specifically approved by the county may be utilized in the
conduct of business.
(d) Any business requiring customers to visit the site shall provide adequate on-site parking
spaces, in addition to one for each full-time equivalent employee who resides off the subject
property, and two for the owners of the property. All parking spaces shall meet the standards of
JCC 18.30.100.
(e) All structures and outside activities shall be so located or screened from adjacent properties to
avoid disturbances through glare, noise, dirt or other nuisances or hazards.
(f) All activity related to the conduct of the business or industry, except for activities related to
the growing and storing of plants, shall be conducted within an enclosed structure or be
sufficiently screened from view of adjacent residences.
(g) All cottage industry activities shall be sufficiently screened from view of adjacent residences,
using site location, topography, landscaping, fencing, the retention of native vegetation, or a
combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130.
(h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the
public roadway which accesses the use, nor generate significant traffic in excess of that normally
generated by typical uses found within the particular district.
(i) No business may provide drive-through service.
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(j) Cottage industries shall be limited in their hours of operation. No business on-site customer
service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and
before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday.
(k) The administrator may attach additional conditions or requirements, or may make
modifications to the site plan where necessary to protect the health, safety and welfare of the
public.
(l) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions
of approved cottage industries are permitted, except as specified in Article VI-L of
Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the
Brinnon Planning Area, concerning the rural remote overlay districts.
(m) No exterior display of goods for sale shall be allowed.
(n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the
residential function of the buildings and property shall be maintained.
(o) Any new structure constructed to accommodate the cottage industry shall be limited in scale
so that it is in character with neighboring properties. In no case shall more than 5,000 square feet
of total building area on the property be devoted to the cottage industry.
(p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150.
(q) No on-site direct retail sales of products not produced on site are allowed, except for items
collected, traded and occasionally sold by hobbyists, such as coins, stamps and antiques, and
their accessories.
(r) Minimum parcel size shall be one-acre gross site area.
(s) No use shall be made of equipment or material which produces unreasonable vibration, noise,
dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of
adjoining and surrounding property. Any after-hours business activities shall not have noise
impacts discernible beyond the property boundaries.
(t) Not more than one cottage industry shall be allowed in or on the same premises.
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(u) The proposed cottage industry shall comply with the standards and requirements of the
Jefferson County environmental health department.
(v) Where shooting firearms is associated with a cottage industry at a property, such property
shall be considered a commercial shooting facility.
(6) Auto repair and service proposals are subject to the following additional requirements:
(a) The proposal shall submit a detailed operating plan in compliance with the latest addition of
the Washington State Department of Ecology’s Guide for Automotive Repair Shops identified as
Publication No. 92-BR-16.
(b) The proposal shall include an operating plan which complies with the Department of
Ecology’s SMM. The submittal shall include a stormwater management plan in compliance with
Chapter 18.30 JCC and include supplemental information which addresses and complies with
Volume IV-2.1 and 2.2 of the SMM.
(c) The operation shall be limited to two stalls or bays for repair and servicing.
(d) The cottage industry shall not store more than three vehicles at any one time awaiting or
departing for or from servicing or repair. This excludes the vehicles being actively serviced in the
facility.
(e) A 50-foot buffer shall be maintained from the structure housing the auto repair and service to
all adjacent property lines. [Ord. 15-18 § 1 (Appx. A); Ord. 8-06 § 1]
JCC 18.20.170(4) Standards for Cottage Industries
(4) All cottage industries shall be subject to the following standards, except as provided for in the
West End Planning Area and Brinnon Planning Area – Remote Rural overlay districts as
specified in Article VI-L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West
End Planning Area and the Brinnon Planning Area.
(a) The cottage industry shall be operated by at least one full-time, bona fide resident in a single-
family residence of the parcel on which the proposed use is being requested.
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APPENDIX B
(b) The cottage industry may not employ more than four employees on the site who reside off the
subject property. Auto and truck repair shall only employ two persons on the site who reside off
the subject property.
(c) Only those buildings or areas as specifically approved by the county may be utilized in the
conduct of business.
(d) Any business requiring customers to visit the site shall provide adequate on-site parking
spaces, in addition to one for each full-time equivalent employee who resides off the subject
property, and two for the owners of the property. All parking spaces shall meet the standards of
JCC 18.30.100.
(e) All structures and outside activities shall be so located or screened from adjacent properties to
avoid disturbances through glare, noise, dirt or other nuisances or hazards.
(f) All activity related to the conduct of the business or industry, except for activities related to
the growing and storing of plants, shall be conducted within an enclosed structure or be
sufficiently screened from view of adjacent residences.
(g) All cottage industry activities shall be sufficiently screened from view of adjacent residences,
using site location, topography, landscaping, fencing, the retention of native vegetation, or a
combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130.
(h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the
public roadway which accesses the use, nor generate significant traffic in excess of that normally
generated by typical uses found within the particular district.
(i) No business may provide drive-through service.
(j) Cottage industries shall be limited in their hours of operation. No business on-site customer
service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and
before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday.
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APPENDIX B
(k) The administrator may attach additional conditions or requirements, or may make
modifications to the site plan where necessary to protect the health, safety and welfare of the
public.
(l) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions
of approved cottage industries are permitted, except as specified in Article VI-L of Chapter 18.15
JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning
Area, concerning the rural remote overlay districts.
(m) No exterior display of goods for sale shall be allowed.
(n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the
residential function of the buildings and property shall be maintained.
(o) Any new structure constructed to accommodate the cottage industry shall be limited in scale
so that it is in character with neighboring properties. In no case shall more than 5,000 square feet
of total building area on the property be devoted to the cottage industry.
(p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150.
(q) No on-site direct retail sales of products not produced on-site are allowed, except for items
collected, traded and occasionally sold by hobbyists, such as coins, stamps and antiques, and
their accessories.
(r) Minimum parcel size shall be one acre gross site area.
(s) No use shall be made of equipment or material which produces unreasonable vibration, noise,
dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of
adjoining and surrounding property. Any after-hours business activities shall not have noise
impacts discernible beyond the property boundaries.
(t) Not more than one cottage industry shall be allowed in or on the same premises.
(u) The proposed cottage industry shall comply with the standards and requirements of the
Jefferson County environmental health department.
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APPENDIX B
(v) Where shooting firearms is associated with a cottage industry at a property, such property shall be considered a commercial shooting facility.
JCC 18.20.135 on Commercial Shooting Facilities1
(1) The siting and development of commercial shooting facilities are regulated under Chapter
18.20 JCC. The operations of a commercial shooting facility are regulated under Chapter
8.50 JCC. A commercial shooting facility may be an indoor shooting facility or an outdoor
shooting facility.
(2) An application for a permit for all commercial shooing facilities shall contain a facilities plan
that includes:
(a) Locations and dimensions of all walkways;
(b) Locations of all hazardous material storage and use, per a hazardous substance or
hazardous waste management plan, if needed;
(c) The component parts for each shooting range;
(d) Locations and dimensions of firing lines or firing points, target lines and impact areas
including all related buildings;
(e) Locations, dimensions and slope of all backstops and side berms, whether natural feature
or manmade and the volume, source, and type of all materials of which they are
comprised;
(f) Locations and specifications of all baffles and containment structures;
(g) Approximate location of buildings on adjoining property;
(h) Approximate location of any stream, river, lake, or other regulated body of water within
500 yards of the commercial shooting facility;
1 This section contains language moved from Ordinance 12-1102-18.
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APPENDIX B
(i) Dimensional drawings of physical layout for each of the items listed in this subsection,
drawn at an engineering scale appropriate for the drawings; and,
(j) Horizontal drawings of the baffles and containment structures, and a description of the
materials to be used for them.
(3) All commercial shooting facilities shall be designed to be consistent with the NRA Source
Book standards for shooting range design.
(4) All commercial shooting facilities shall be designed to meet the following minimum
standards:
(a) Rules and Regulations Required. All commercial shooting facilities shall adopt rules and
regulations as defined in JCC 18.10.180;
(b) Required Security. Commercial shooting facilities shall be designed to provide security
measures to deter unauthorized entry to any shooting range, such as barriers, berms,
cameras, gates, fencing, on-site security personnel, physical limits, or signage; and,
(c) Containment. Commercial shooting facilities shall be designed so that when firearms are
operating in accordance with the rules and regulations as defined in JCC 18.10.180, all
projectiles are kept from leaving any shooting range or the commercial shooting facility.
(5) In order to preserve the overall character of forest resource lands within the county, while
complying with the supremacy principle stated in WAC 365-196-725, the county will not
permit no more than 0.5 percent2 of the total forest resource lands for use as outdoor
commercial shooting facilities in the county.
(6) All commercial shooting facilities shall comply with every applicable provision of the JCC
related to protection of critical areas and shorelines (and buffers for all such areas, including
but not limited to the buffers required in Chapter 18.22.JCC (Critical Areas) and Chapter
18.05 JCC (Shoreline Master Program.)
2 Note: This is approximately 150 acres.
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APPENDIX B
All commercial shooting facilities shall be designed to prevent adverse impacts to critical areas
and shorelines.
(7) Outdoor commercial shooting facilities are further regulated under JCC 18.20.350(8).
JCC 18.20.200(2) on Permitted Home Businesses
(2) Permitted home businesses do not include the following:
(d) Uses which are associated with shooting firearms.
JCC 18.20.350 Small-scale recreation and tourist uses
(1) Small-Scale Recreation and Tourist Uses. Small-scale recreational and tourist uses rely on a
rural location and setting and provide opportunities to diversify the economy of rural Jefferson
County by utilizing the county’s abundant recreational opportunities and scenic and natural
amenities in an environmentally sensitive manner consistent with the rural character of the
county. Upon approval pursuant to this code, these types of uses may be conducted in the land
use districts specified in Table 3-1 in JCC 18.15.040 and as provided for in small-scale
recreation and tourist (SRT) overlay districts under JCC 18.15.470 and 18.15.572. Agritourism
on designated agricultural lands is regulated in JCC 18.20.030, agricultural activities and
accessory uses. The following list of uses is not intended to be exhaustive, but rather is intended
to be illustrative of the types of small-scale recreation or tourist uses:
(a) Aerial recreational activities such as balloon rides, glider and parachute events;
(b) Animal preserves and game farms;
(c) Equestrian centers, on parcels 10 acres or larger in size;
(d) Campgrounds and camping facilities;
(e) Commercial fishing ponds;
(f) Cultural festivals;
(g) Miniature golf, not to exceed a gross use area of one acre;
(h) Model hobby parks and sites on parcels 10 acres or larger in size;
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APPENDIX B
(i) Outdoor recreational equipment rental and/or guide services;
(j) Outdoor shooting and archery ranges; Outdoor commercial shooting facilities;
(k) Private hunting or fishing camps;
(l) Public display gardens;
(m) Recreational off-road vehicle (ORV) and all terrain vehicle (ATV) parks and recreational areas on parcels 20 acres or larger in size;
(n) Recreational, cultural or religious conference center/retreat facilities on parcels 10 acres
or larger in size;
(o) Recreational vehicle parks, travel trailer parks, and commercial campgrounds on parcels at least five acres in size;
(p) Rural restaurants, only when associated with a primary recreational or tourist use; and
(q) Rural recreational lodging or cabins for overnight rental on parcels 10 acres or larger in
size.
(2) Unnamed Small-Scale Recreation or Tourist Uses. Other uses not specifically named above
may be classified as small-scale recreational and tourist uses by the administrator, subject to the
provisions of this section, upon documentation by the applicant that the proposed use is
dependent upon a particular rural location or setting and is consistent with the intent and
application of RCW 36.70A.070(5)(d) and the Jefferson County Comprehensive Plan.
JCC 18.20.350(8) Outdoor Commercial Shooting FacilitiesRanges
JCC 18.30.350(8) Outdoor Commercial Shooting FacilitiesRanges. Outdoor commercial
shooting facilitiesranges are subject to the following standards in addition to those in JCC
18.20.135:3
(1) An application for a permit for an outdoor shooting facility must contain a facility design
plan approved by the department that shall contain the following elements in addition to
those in JCC 18.20.135:
3 This section contains language moved from Ordinance 12-1102-18.
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APPENDIX B
(a) For rifle and pistol shooting ranges:
i. Longitudinal cross-sections, with elevations, of that portion of each shooting
range from 10 feet behind each firing line to 10 feet beyond the downrange
terminus of each direct fire zone, 10 feet beyond the back toe of each backstop if
manmade, or if natural, 20 feet beyond the front edge of the backstop, as
applicable; and,
ii. Latitudinal cross-sections, from 10 feet outside all side berms or the edge of each
safety fan, of typical areas between each firing line and backstop or downrange
terminus of the direct fire zone.
(b) For five-stand shooting, skeet shooting, sport clay shooting and trap shooting
ranges, the location and dimension of the shot fall zones and component parts;
(c) A list of all property owners prepared by a title company within the distance of the
safety fan, but no less than one mile;
(d) The safety fan for each shooting range proposed; and,
(e) Elevations of all shooting ranges showing target area, backstops and berms.
(2) All outdoor shooting facilities shall be designed to be consistent with the NRA Source
Book standards for shooting range design for outdoor shooting ranges.
(a) They shall be located, designed, constructed and operated to prevent the likelihood of
discharge of arrows beyond the boundaries of the parcel where they occur;4
(b) The National Rifle Association’s Range Manual shall be consulted and used in the
development and operation of ranges; Articles 1, 2, and 3 of the safety recommendations
for outdoor shooting ranges shall be used as minimum guidelines in the design and
construction of shooting ranges;5
4 Note: Covered and corrected in JCC 18.20.135, above. 5 Note: Covered in minimum standards in JCC 18.20.135, above.
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APPENDIX B
(c) Warning and trespass signs advising of the range operation shall be placed on the
perimeter of the property at intervals no greater than 50 feet;6
(d) The shooting areas shall be surrounded by an eight-foot-high noise barrier in the form
of an earth berm or wall, or be located in a minimal eight-foot deep depression; 7
(e) The minimum lot size for an outdoor rifle, trap, skeet or pistol range used by an
organization shall be 10 acres. For an outdoor archery range used by an organization,
minimum lot size shall be five acres;8
(f) No structure or shooting areas associated with a shooting range shall be located closer
than 100 feet to any lot line; 9
(g) A minimum location of 500 feet is required from any occupied dwelling other than the
dwelling of the owner; 10
(h) All shooting areas must be completely fenced; and11
(i) In the consideration of an application for permit, the approval authority shall take into
account both safety and noise factors, and may prescribe additional conditions with respect
thereto.12
6 Note: Covered in required security of JCC 18.20.135, above. 7 Note: Covered in containment requirement of JCC 18.20.135, above. 8 Note: Covered in required security in JCC 18.20.135, above. 9 Note: Covered in required security in JCC 18.20.135, above. 10 Note: Covered in required security in JCC 18.20.135, above. 11 Note: Covered in required security in JCC 18.20.135, above. 12 Note: Covered in NRA Source Book compliance requirement of JCC 18.20.135 above and/or
Conditional Use Approval Criteria and SEPA.
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APPENDIX B
CHANGES TO THE USE TABLE:
Table 3A-1. Allowable and Prohibited Uses
Resource Lands Other Zones Types
Agricultural – Prime and Local
Forest – Commercial, Rural and Inholding
Other Zones Where Only Indoor Commercial Shooting Facility Allowed13
Other Zones Where No Shooting Facility Allowed
Specific Land Use AG CF/RF/IF Convenience Crossroad (CC), General Crossroad (GC), Heavy Industrial (HI), Industrial, Light
Industrial/Commercial (LI/C), Light Industrial (LI), Light Industrial/Manufacturing (LI/M), Irondale and
Port Hadlock Urban Growth Area (UGA), Neighborhood/Visitor Crossroads (NC), Parks, Preserves and Recreation
(PRR)
Rural Residential – 1 DU/5 Acres (RR 1:5), Rural Residential – 1 DU/10 Acres (RR
1:10), Rural Residential – 1 DU/20 Acres (RR 1:20),
Indoor
commercial
shooting facility
No NoC C No
Outdoor
commercial
shooting facilityranges
No C No No
13 Note: Industrial uses many not qualify. See JCC 18.10.090: “‘Industrial use, heavy or
resource-based’ means a use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or natural resources; a use engaged in storage of or manufacturing processes using flammable, hazardous or explosive materials; or manufacturing processes that potentially involve hazardous or commonly recognized adverse
conditions.”
Planning Commission Recommendations on
Ordinances Modifying Title 8 and Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners
APPENDIX 2
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
COUNTY OF JEFFERSON STATE OF WASHINGTON
An Ordinance Amending Ordinance No. 12-1102-18 for Commercial Shooting Facilities under Title 8 JCC
} } }
ORDINANCE NO. __________
WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county
legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents as are not in conflict with general laws; and, WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and, WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and preempts the entire field of firearms regulations within its boundaries, and counties may only enact
ordinances as expressly authorized by RCW 9.41.300; and,
WHEREAS, RCW 9.41.300(2)(a) provides an exception to RCW 9.41.290 under which a county may, by ordinance, restrict the discharge of firearms in any portion of its jurisdiction where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so
long as such ordinance shall not abridge the right of the individual guaranteed by Article I, section
24 of the state Constitution to bear arms in defense of self or others; and, WHEREAS, Article VI of the United States Constitution states that “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made,
or which shall be made, under the authority of the United States, shall be the supreme law of the
land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding;” WHEREAS, Article I, Section 2 of the Washington State Constitution states, “The
Constitution of the United States is the supreme law of the land;”
WHEREAS, there is a fundamental principle of Washington law sometimes called “the preemption doctrine,” that derives from Article VI of the United States Constitution, Article I, Section 2 of the Washington State Constitution, Article XI, Section 11 of the Washington State
Constitution, and RCW 36.32.120(7) that the Washington Administrative Code (WAC) calls the
“Supremacy Principle,” which holds that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict; WHEREAS, under the Supremacy Principle, state statutes and regulations cannot conflict
with the United States Constitution, the Washington Constitution, and federal laws; and, local
ordinances and regulations cannot conflict with the United States Constitution, federal laws, the Washington Constitution, or state laws; WHEREAS, Article I, Section 32 of the Washington State Constitution states, “A frequent
recurrence to fundamental principles is essential to the security of individual right and the
perpetuity of free government;”
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WHEREAS, this ordinance protects the rights of citizens under Washington Constitution
Article I, Section 24 and the Second Amendment to the United States Constitution;
WHEREAS, local governments have considerable latitude in exercising police powers and a regulation is reasonable if it promotes public safety, health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose being pursued; and,
WHEREAS, due to the amount of land in Jefferson County owned by the federal and state governments, areas of protected shorelines, and limited water and septic capacity in other areas of Jefferson County, there are limited areas where residents can live; and,
WHEREAS, according to the 2018 Jefferson County Comprehensive Plan, Forest
Resource Lands in Jefferson County (Zones IF-20, RF-40, CF-80) represent 76.4 percent of the zoned land in Jefferson County; and, WHEREAS, widely disseminated information exists about uncontrolled incidents at
shooting ranges outside of Jefferson County where people’s safety has been threatened; and,
WHEREAS, commercial shooting facilities are best operateddeveloped using the best available source information on ensuring minimizing risks from the discharge of firearms and ensuring the greatest level of public safety both on and off these facilities; and,
WHEREAS, the National Rifle Association (NRA) 2012 Range Source Book, which provides the best available guidance to assist in safely operating shooting range facilities, makes clear that following these published best practices minimizes but does not eliminate risks associated with the use of firearms either on or off the range; and,
WHEREAS, the National Rifle Association (NRA) 2012 Range Source Book, states that “A range is only as safe as the manner in which it is used” and “health and safety considerations are twofold: (2) ensuring the health and safety of participants, staff and spectators, and (2) ensuring the health and safety of surrounding inhabitants;” and,
WHEREAS, at outdoor commercial shooting facilities and their surrounding areas, there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized; and, WHEREAS, Jefferson County experienced a substantial increase in population density in
areas proximate to its existing commercial shooting facilities and the County has an interest in
ensuring the compatibility of commercial shooting facilities with their surroundings and in minimizing potential safety hazards created by the operation of commercial shooting facilities; and, WHEREAS, public complaints about lack of safety and nuisance noise arising from the
operation of commercial shooting facilities in unincorporated Jefferson County have called on the
scarce resources of Jefferson County’s emergency management system and the Sheriff’s Office, which has the effect of diminishing the availability of these resources for emergency services; and, WHEREAS, Jefferson County has rural areas where commercial shooting facilities may
be appropriate, but where emergency services are scarce and adopting a commercial shooting
ordinance would promote public safety and preserve precious emergency services; and,
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WHEREAS, commercial shooting facilities benefit Jefferson County by providing its
residents and law enforcement the opportunity to learn firearm safety, to practice shooting, and to
participate in amateur recreational firearm sports in a safe, controlled setting; and, WHEREAS, target shooting on both national forest lands and state-owned lands (Department of Natural Resources lands) is permitted unless a specific area has been closed for
public safety; and,
WHEREAS, twenty percent of the land-base in Jefferson County falls under this management where dispersed target shooting can be carried out by anyone who has legal possession of a firearm; and,
WHEREAS, such dispersed, sporadic sport-oriented target shooting is less impactful from both a noise impact and a human health impact, than the concentrated impacts poised by outdoor commercial shooting facilities; and,
WHEREAS, lead is a heavy metal hazardous waste that can travel through soils, ground
and surface waters, and persist in the environment, bioaccumulating up the food chain; and, WHEREAS, lead is a known health hazard and neurotoxin that can affect humans and animals alike; and,
WHEREAS, noise pollution above certain levels, particularly persistent, repetitive, percussive noise pollution associated with shooting ranges, is deleterious to humans and animals alike; and,
WHEREAS, technology exists to control such noise pollution at indoor shooting facilities
but not at outdoor commercial shooting facilities, where there are no known methods to completely control or eliminate noise leaving commercial outdoor commercial shooting facilities that can reach and negatively impact humans, domestic and wild animals, where such impacts cannot be fully mitigated; and,
WHEREAS, the BoCC finds it is in the public interest to provide for commercial shooting facilities in Jefferson County in the face of increasing population pressure, the limited space where people can live and the extensive percentage of Forest Resource Lands; and,
WHEREAS, the BoCC adopted Ordinance 12-1102-18 on November 2, 2018 and adopted
Ordinance No. 15-1214-18 on December 14, 2018 as reasonable regulations for commercial shooting facilities; and, WHEREAS, the BoCC did not intend that Ordinance 12-1102-18 be a development
regulation as defined in the Growth Management Act (Chapter 36.70A RCW); and,
WHEREAS, on September 16, 2019, the Western Washington Growth Management Hearings Board (Growth Board) issued its Final Decision and Order in Case No. 19-02-0003-c, that invalidated the Ordinance 12-1102-18 on the basis that it was a development regulation under
the Growth Management Act because it had not been reviewed under the State Environmental
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Policy Act (Chapter 43.21C RCW) and did not comply with the County’s public participation process which requires consideration by the Jefferson County Planning Commission; and,
WHEREAS, the Growth Board’s September 16, 2019 decision invalidated Ordinance 12-1102-18 under the Growth Management Act and remanded the BoCC to achieve compliance as addressed in the Final Decision and Order with compliance due on March 2, 2020; and,
WHEREAS, on September 23, 2019 the BoCC referred both Ordinance 12-1102-18 and
Ordinance No. 15-1214-18 to the Jefferson County Planning Commission to ensure compliance with the Growth Board’s remand; and, WHEREAS, the Growth Management Act regulations at WAC 365-196-725(1) require
that the County consider the Supremacy Principle and states: “Comprehensive plans and
development regulations adopted under the act are subject to the supremacy principle of Article VI, United States Constitution and of Article XI, Section 11, Washington state Constitution;” and, WHEREAS, Policy LU-P-1.2 of the 2018 Comprehensive Plan states that the County must
follow the supremacy principle and “Acknowledge and protect the rights of private property
owners in preparing land use, development, and environmental regulations, prohibit arbitrary and discriminatory actions, and preserve reasonable uses for regulated properties;” and, WHEREAS, this Ordinance has been revised to remove the bases on which the Growth
Board determined Ordinance 12-1102-18 was a development regulation as defined in the Growth
Management Act; and, WHEREAS, even though this Ordinance is not a development regulation, the County utilized its public participation process for comprehensive plan amendments and development
regulations required by the Growth Management Act, including consideration by the Jefferson
County Planning Commission, as a precaution and to show respect to the Growth Board’s September 16, 2019 decision; and, WHEREAS, the County has fulfilled the requirements of the State Environmental Policy
Act for this Ordinance and has utilized the County’s public participation process, including
consideration by the Jefferson County Planning Commission; and, WHEREAS, the Jefferson County Division of Environmental Public Health is a department of the Jefferson County Department of Health, whose purpose is to protect the health
of all Jefferson County residents by promoting healthy communities and their environments; and,
WHEREAS, the BoCC has determined that the Division of Environmental Public Health is best suited to enforcing this Ordinance because of its expertise in processing and enforcing other health and safety regulations;
NOW, THEREFORE, be it ordained by the BoCC as follows: Section 1. Modification of Chapter 8.50 JCC.
a. Chapter 8.50 JCC shall be renamed from “No Shooting Areas” to “Shooting in the
County.”
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b. Article I, Chapter 8.50 JCC shall be renamed from “Establishment Procedures” to
“Establishment Procedures for No Shooting Areas.”
c. Article II, Chapter 8.50 JCC shall be renamed from “Boundary Descriptions” to “Boundary
Descriptions for No Shooting Areas.”
d. JCC 8.50.020 shall be amended to add a new subsection (5) exception as follows: (5) The
operation of an indoor commercial shooting facilityindoor shooting facility which has
obtained an operating permit or provisional operating pursuant to Article III of Chapter
8.50 JCC.
e. JCC 8.50.020 shall be amended to add a new subsection (6) exception as follows: (6) The
operation of a commercial shooting facility sited in accordance with Title 18 JCC that has
an operating permit or a provisional operating permit issued pursuant to Article III, of
Chapter 8.50 JCC.
f. The exception in JCC 8.50.020(5) shall be amended to become JCC 8.50.020(7) and shall
then state: (7) The continued operation of legally established private or public gun club
facilities that are not commercial shooting facilities as defined in Article III of Chapter 8.50
JCC, and which were established and operating prior to the enactment of the no shooting
area ordinance or the development of outdoor rangesfacilities constructed in compliance
with JCC 18.20.350(8).
g. The definition of “firearm” in JCC 8.50.40 shall be changed to:
“Firearm” means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle,
short-barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as
those terms are defined in RCW 9.41.010. The term “firearm” shall not include: (a)
devices, including but not limited to “nail guns,” which are used as tools in the construction
or building industries and which would otherwise fall within this definition; or, (b) a
“destructive device” as defined in 18 U.S.C. §921(a)(2).
h. Wherever the words “this chapter” appears in Article I or Article II of JCC 8.50 when not
preceded by the words “Article I,” these words shall be changed to “articles I and II of this
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
chapter.” Without limitation, this change shall be made in JCC 8.50.010, JCC 8.50.030,
JCC 8.50.060(1), JCC 8.50.070, and JCC 8.50.080.
i. Consistent with the above, Chapters I and II of Chapter 8.50 JCC shall be amended as
shown in Appendix A.
j. Article III of Chapter 8.50 JCC shall be added as set forth in Appendix B.
Section 2. Findings. The BoCC hereby adopts the above recitals (the “WHEREAS” statements) as its findings of fact in support of this Ordinance. Section 3. Not a Development Regulation. Neither Article III of Chapter 8.50 JCC, as adopted,
nor the provisions of this Ordinance is a development regulation as defined in RCW 36.70A.030(7)
and WAC 365-196-200(8). Section 4. Establishment of a Fee. The department shall charge a fee base fee of $450 plus actual costs incurred (including consultant work) for processing an application for a commercial shooting
facility. This fee shall be added to the Appendix Fee Schedule for the department.
Section 5. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid, then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected.
Section 6. SEPA Compliance. [DESCRIBE SEPA COMPLIANCE HERE.]
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
ADOPTED this _____ day of _________________________ 2019, at ___: ___ a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL: ______________________________ Kate Dean, Chair
______________________________
David Sullivan, Member ATTEST: ______________________________ Greg Brotherton, Member
APPROVED AS TO FORM: ______________________________ ______________________________ Carolyn Gallaway, Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
APPENDIX A
[Modifications to Current Articles III of Chapter 8.50 JCC] Chapter 8.50 NO SHOOTING AREASSHOOTING IN THE COUNTY
Sections: Article I. Establishment Procedures for No Shooting Areas
8.50.010 Purpose.
8.50.020 Exemptions. 8.50.030 Prohibited. 8.50.040 Firearms defined. 8.50.050 Creation, alteration or dissolution of a no shooting area.
8.50.060 Violations – Misdemeanors – Penalty – Arrest.
8.50.070 Enforcement officers and procedures. 8.50.080 Interpretation. Article II. Boundary Descriptions for No Shooting Areas
8.50.100 Kala Point. 8.50.110 Port Ludlow. 8.50.120 Brinnon – Black Point. 8.50.130 Brinnon.
8.50.140 Brinnon – Triton Cove.
8.50.150 Brinnon – Olympic Canal Tracts. 8.50.160 South Coyle Peninsula. 8.50.170 Paradise Bay. 8.50.180 Chimacum Creek.
8.50.190 Tala Shore.
8.50.200 Ocean Grove. Article III. Commercial Shooting Facilities
8.50.210 Purpose.
8.20.220 Definitions. 8.50.230 Operating Permit Required. 8.50.240 Application for a Commercial Shooting Facility Operating Permit. 8.50.250 Minimum Standards.
8.50.260 Administrative Remedy for Decisions Made by the Director.
8.50.270 Judicial Appeals. 8.50.280 Safe Harbor for Owners and Operators. 8.50.290 Reports of Violations of this Article. 8.50.300 Review Committee.
8.50.310 Limitations on the Applicability of this Article.
8.50.320 Warning and Disclaimer of Liability.
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Article I. Establishment Procedures for No Shooting Areas
8.50.010 Purpose. The purpose of articles I and II of this chapter is to establish a process for the establishment, alteration, or dissolution of “no shooting” areas in unincorporated Jefferson County and to
provide regulation of the discharge of firearms in such areas as provided in articles I and II of
this chapter. The creation of a no shooting area shall be considered in accordance with RCW 9.41.300(2)(a) wherein counties are authorized to enact laws and ordinances restricting the discharge of firearms “where there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized.” County officials shall endeavor to facilitate solutions within
communities to resolve concerns leading to petitions for no shooting areas. Areas considered for
creation, alteration, or dissolution of a no shooting area shall be considered on an individual basis to adequately assess the motivation for the proposal and to resolve existing differences regarding an area. Creation of a no shooting area must be realistically enforceable in the area designated. [Ord. 2-07 § 1]
8.50.020 Exemptions. The designation of a no shooting area shall continue to allow: (1) The use of firearms by citizens pursuant to RCW 16.08.020 regarding dogs, or other animals,
endangering livestock.
(2) The lawful use of a firearm by a law enforcement officer in the performance of their duties. (3) The use of firearms to lawfully slaughter farm animals.
(4) The lawful use of force by citizens. (5) The operation of an indoor a commercial shooting facility which has obtained an operating permit or provisional operating pursuant to Article III of Chapter 8.50 JCC.
(6) The operation of a commercial shooting facility sited in accordance with Title 18 JCC that has an operating permit or a provisional operating permit issued pursuant to Article III, of Chapter 8.50 JCC.
(5)The continued operation of legally established private or public gun club facilities or
commercial shooting ranges that are not commercial shooting facilities as defined in Article III of Chapter 8.50 JCC, and which were established and operating prior to the enactment of the no shooting area or the development of outdoor ranges constructed in compliance with JCC 18.20.350(8).
8.50.030 Prohibited. It is unlawful for any person to discharge any firearm or to propel from any portion of Jefferson County any projectile discharged from any firearm across, in or into a no shooting area
established by Jefferson County. Articles I and II of Tthis chapter shall not abridge the right of
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the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or others. [Ord. 2-17; Ord. 2-07 § 3]
8.50.040 Firearm defined. “Firearm” means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle, short-
barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as those terms
are defined in RCW 9.41.010. The term “firearm” shall not include: (a) devices, including but not limited to “nail guns,” which are used as tools in the construction or building industries and which would otherwise fall within this definition; or, (b) a “destructive device” as defined in 18 U.S.C. Section 921(a)(2).
8.50.050 Creation, alteration, or dissolution of a no shooting area. (1) The process for the creation, alteration, or dissolution of a no shooting area can be initiated in accordance with RCW 9.41.300, wherein counties are authorized to enact laws and ordinances restricting the discharge of firearms “where there is a reasonable likelihood that humans,
domestic animals, or property may be jeopardized,” by either:
(a) A petition filed by residents containing the signatures of at least 20 elector-residents of each voting precinct in the area under consideration; or
(b) A majority vote of the board of county commissioners.
(2) Petitions or requests for the creation of a no shooting area or to alter or dissolve an existing no shooting area by the Jefferson County board of commissioners shall be filed with the clerk of the board of county commissioners. The petition or request must be based on a definable threat
to the public health, safety or general welfare.
(3) The petition or request must include a legal description of the proposed boundaries with: a map showing the proposed area, a written statement explaining the reasons for the petition, and a statement, where applicable, of reported incidence involving firearms in the petition area.
(4) After petition signatures have been verified by the Jefferson County auditor-elections and the board of county commissioners finds the petition warrants consideration, the county commissioners shall hold a public hearing regarding the petition or may choose to facilitate an amicable solution within the proposed area or may assign a review committee to consider the
merit of the petition specific to the area under consideration. The county commissioners may
have the review committee consider the petition before establishing a date for the public hearing. Treaty tribes will be contacted by the county to identify any concerns and invite their participation.
(a) The review committee shall consist of:
(i) The county sheriff or his designee. (ii) The director of the department of community development, or his designee.
(iii) Three residents-at-large to be appointed by the county commissioners.
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(iv) At least one representative of tribal interests will be invited.
(v) Representative stakeholders from the petition area as determined by the county commissioners, with the goal of including persons from all sides of any contended or questionable issue.
(b) The review committee shall consider, but is not limited to consideration of, the location,
terrain and surrounding land use of the petition area. The committee shall also consider any additional instructions given by the county commissioners at the assignment of the committee. The county commissioners shall hold a public hearing on the review committee’s recommendations soon after they are received by the commission.
(5) Legal notice of the public hearing shall be published one time in the official newspaper of the county at least 10 days prior to the hearing. (6) If the county commissioners find the formation, alteration, or dissolution of the petitioned
area to be beneficial to the public health, safety or general welfare, the area shall be established,
altered, or dissolved as a no shooting area by ordinance. The board of commissioners shall consider, but is not limited to considerations of, the location, terrain and surrounding land use of the petitioned area. The board of commissioners shall determine the final boundaries for the creation of a no shooting area.
(7) Public works may post signs along public roads indicating a no shooting area boundary where deemed necessary. The department of community development shall inform development and permit applicants if a parcel is within a no shooting area.
8.50.060 Violations – Misdemeanors – Penalty – Arrest.
(1) Any person discharging a firearm in a no shooting area is guilty of a misdemeanor. It shall not be a violation of articles I and II of this chapter when a person discharges a firearm in accordance with the provisions of RCW 9A.16.020.
(2) Any law enforcement officer having probable cause to believe that a person has committed a
violation of articles I and II of this chapter has the authority to arrest the person. (3) The first offense for violation of article I or II of this chapter constitutes a civil penalty not to exceed $100.00. Consecutive offenses are punishable, upon conviction, by a fine not to exceed
$250.00 or by confinement in the county jail for a period of not more than 90 days.
8.50.070 Enforcement officers and procedures. Enforcement of articles I and II of this chapter may be by any state or county law enforcement
officer, state game officer, or state fish and wildlife officer. All such enforcement officers are
empowered to issue citations to and/or arrest without warrant persons violating the provisions of this chapter. Said enforcement officers may serve and execute all warrants, citations and other process issued by the courts.
In addition, mailing by registered mail of such warrant, citation or other process to the last
known place of residence of the offender shall be deemed as personal service upon the person
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
charged. Said enforcement officers may seize and hold as evidence the weapon and ammunition of any person violating the provisions of this chapter.
8.50.080 Interpretation. In the event any other county ordinance, whether or not codified, is in conflict with any of the terms of articles I and II of this chapter, the more stringent shall be construed as applicable.
Article II. Boundary Descriptions for No Shooting Areas
8.50.100 Kala Point. The area described below is hereby established as a no shooting area as provided in Article I of this chapter:
Bordered on the West by Airport Cutoff Road; on the North by Old Fort Townsend Road and the Old Fort Townsend State Park boundary; on the South by Prospect Avenue extending to Port Townsend Bay; and on the East by the Shoreline of Port Townsend Bay.
[Ord. 12-95]
8.50.110 Port Ludlow. The area described below is hereby established as a no shooting area as provided in Article I of this chapter:
The northern boundary begins at the Admiralty Inlet Shoreline adjacent to northern property lines of lots in Port Ludlow #5 at the northern end of Montgomery Lane. The boundary then moves westward across the properties mentioned above along their northern property lines, crosses Oak Bay Road and continues westward along the fire hall northern property line and on
west along the northern property lines of Port Ludlow #2, Area 3, at the northern end of Keefe
Lane. At the NW corner of Lot #75 on Keefe Lane the No Shooting boundary turns south along the western side of Jefferson Avenue to the northern property lines of Port Ludlow #2, Area 3 lots
along Fleet Drive. The boundary then moves west and then south around the cemetery, across
Swansonville Road and continues south along the western side of Talbot Way to the junction of Talbot Way and Walker Way. Here the boundary turns west along the north side of Walker Way and continues as Walker Way becomes a gravel road to the NW corner of the properties in Port Ludlow #6.
The boundary then heads generally south along the western property lines of Port Ludlow #6 to Oak Bay Road. It then turns west along the north side of Oak Bay Road, then south and then east around the Port Ludlow RV Park and commercial area to Paradise Bay Road. The boundary then turns south along the western side of Paradise Bay Road to a point opposite the end of Camber
Lane, it then heads SW picking up the outside of the fairways of the Port Ludlow Golf Course
staying at the outside fairway points entirely around the western, southern and the eastern portions of the golf course to the southern property lines of Fairwood Village. The boundary then heads east along the south side of Springwood Drive and across Teal Lake
Road. It then swings NE along the property lines of Teal Lake Village on the south side of
Outlook Lane. The boundary then heads north along the eastern side of the Osprey Conservation
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Tract, which is east of the eastern property lines of Teal Lake Village lots at the end of Clear View Place and Seaway Place to Paradise Bay Road. The boundary then continues north across
Paradise Bay Road along the eastern property lines of Bay View Village, Divisions 1 and 2 to
Ludlow Bay Road. The boundary then turns NE along the SE side of Ludlow Bay Road to the end of Ludlow Beach Tracts #2. It then turns NW to the shoreline of Ludlow Bay. [Ord. 4-96]
8.50.120 Brinnon – Black Point. The area described below is hereby established as a no shooting area as provided in Article I of this chapter:
The northern boundary begins at and includes the old and new Pleasant Harbor Marinas at mile
marker #308 on Highway 101. The boundary then moves southwesterly along the highway to the first Duckabush River Bridge at mile marker #310. The boundary includes all of Black Point surrounded by Hood Canal, to the East of Highway 101 between the above referenced mile markers EXCEPT that portion along the southern boundary known as the Duckabush Flats which
is along the Duckabush River Estuary below the shoreline bluff.
[Ord. 5-97] 8.50.130 Brinnon.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter: The area bordered on the east by Highway 101; on the north by the Dosewallips Road; on the west by the power line; and on the south by the Dosewallips River.
[Ord. 3-99] 8.50.140 Brinnon – Triton Cove. The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The area bordered on the north by an unnamed year around creek from the Hood Canal to the Bonneville power lines (the area under the power lines is to be included in the No Shooting zone); on the West by the far side of the power lines; the East by Hood Canal; and on the South
by the Jefferson County line.
[Ord. 7-00] 8.50.150 Brinnon – Olympic Canal Tracts.
The area described below is hereby established as a “No Shooting” zone as provided in Article I
of this chapter. The no shooting area is encompassed by the following description: Beginning at the point of intersection of the centerline of U.S. Highway 101 and the centerline of Duckabush Road;
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Thence northwesterly along the centerline of Duckabush Road to the intersection with the most westerly line of the Bonneville power lines;
Thence southwesterly along the most westerly line of the Bonneville power lines to the intersection of said power lines with McDonald Creek; Thence southeasterly along McDonald Creek to the shoreline of Hood Canal;
Thence northerly along the shoreline of Hood Canal to the tidal area at the mouth of the Duckabush River; Thence northerly along the shoreline to a point along the shoreline that is due west of the
intersection of the centerline of U.S. Highway 101 and the centerline of Duckabush Road;
Thence west to the point of beginning. Said property being portions of Sections 15, 16, 17, 20, 21, 28 and 29 all in Township 25 North,
Range 2 West; Willamette Meridian.
All lying in Jefferson County, state of Washington. [Ord. 12-02]
8.50.160 South Coyle Peninsula. The area described below is hereby established as a “No Shooting” zone as provided in Article I of this chapter. The no shooting area is encompassed by the following description:
That portion of Sections 2, 3, 4 and 5 of Township 25 North, Range 1 West, Willamette
Meridian, and Sections 27, 28, 29, 32, 33, 34 and 35 of Township 26 North, Range 1 West, Willamette Meridian, described as follows: Beginning at the Southeast corner of Tax 1 as described under Parcel A in Auditor File Number
488422, Section 28 Township 26 North, Range 1 West Willamette Meridian;
Thence continuing along the extension of the South line of said Tax 1 to the centerline of said Payne Road and the TRUE POINT OF BEGINNING;
Thence Westerly along the extension of the South line and along the South line of said Tax 1 to
the Northeasterly corner of Tax 2 as described under Auditor’s File Number 422414; Thence Southerly and Westerly along the Easterly and Southerly boundary of the parcel identified under said Auditor’s File Number 422414;
Thence continuing Westerly along the extension of the Southerly line of said parcel to the 0.0 low tide mark in Dabob Bay; Thence Southerly along the 0.0 low tide mark of Dabob Bay, and Northerly and Easterly along
the 0.0 low tide mark of Hood Canal to the point of intersection of the centerline of East Go-
onna Beach Drive extended Easterly from the most Easterly point of said centerline located in
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
the Southwest 1/4 of Section 27, Township 26 North, Range 1 West, Willamette Meridian, and said 0.0 low tide mark of Hood Canal;
Thence Westerly along said extension and the centerline of East Go-onna Beach Drive to the intersection of said East Go-onna Beach Drive with the centerline of Coyle Road; Thence Northerly and Easterly along the centerline of Coyle Road to the intersection of said road
with the centerline of Payne Road;
Thence Westerly and Southerly along the centerline of Payne Road to the TRUE POINT OF BEGINNING;
EXCEPTING THEREFROM any portion of the following described parcels that lie within the
above described bounds and that do not lie within the Northerly and Easterly 200 foot setback from the centerline of Zelatched Point Road, within the Northerly and Westerly 200 foot setback from the centerline Coyle Road or within the Southerly and Easterly 200 foot setback from the centerline Payne Road:
The South one half of the Southeast quarter of Section 28, Township 26 North, Range 1 West, Willamette Meridian, lying Southerly and Easterly of Payne Road; The Northeast quarter of Section 33, Township 26 North, Range 1 West, Willamette Meridian,
lying Northerly and Westerly of Coyle Road;
The South one half of the Northwest of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road; and
The Northwest quarter of the Southeast quarter of Section 33, Township 26 North, Range 1
West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road and Northerly and Westerly of Coyle Road; Situate in Jefferson County, Washington.
[Ord. 12-14 § 1; Ord. 20-02] 8.50.170 Paradise Bay. The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
All of the land lying within the following bounds: Beginning at the intersection of the most northerly line of Tract A of the Plat of Woodridge
Village Division 1 as recorded in Volume 7 Pages 47 through 50 of Plats, Jefferson County, state
of Washington and the easterly margin of Teal Lake Road; Thence northeasterly along said northerly line of said Tract A to the intersection of said line with the southerly margin of Crestview Drive as recorded in the Plat Amendment to Teal Lake
Village Volume 6 Pages 186 through 197 of Plats, Jefferson County, state of Washington;
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
Thence in a straight line northeasterly to the intersection of said line with a point located at the intersection of the southerly boundary of Tract C of the said plat of Woodridge Village Division
1 and the northerly margin of said Crestview Drive;
Thence northerly along the northerly margin of said Crestview Drive, said margin also being the westerly boundary of said Tract C, to the southerly margin of Outlook Lane as recorded in said plat of Amendment to Teal Lake Village, said line also being the northerly line of said Tract C;
Thence easterly along the northerly boundary of said Tract C to the intersection of said line with the most easterly boundary of said plat of Amendment to Teal Lake Village; Thence northerly along the easterly boundary of said plat of Amendment to Teal Lake Village to
the intersection of said line with the southerly margin of Paradise Bay Road;
Thence along said southerly and westerly margin in an easterly and southerly direction to the intersection of said westerly margin of Paradise Bay Road with the North line of Section 22, Township 28 North, Range 1 East, W.M.;
Thence easterly along the North line of said Section 22 to the mean lower low water boundary of Hood Canal; Thence southeasterly and easterly along said mean lower low water boundary to Point Hannon
and the easterly mean lower low water boundary of Hood Canal in Section 25, Township 28
North, Range 1 East, W.M.; Thence following the mean lower low water boundary of Hood Canal through Sections 25, 26, 35 and 36, all lying in Township 28 North, Range 1 East, and Section 2, Township 27 North,
Range 1 East, W.M., to the intersection with the northerly margin of State Route 104 with said
mean lower low water boundary of Hood Canal; Thence northwesterly along the north margin of State Route 104 to the intersection of said margin with the easterly margin of Paradise Bay Road;
Thence northerly and northwesterly along the easterly margin of Paradise Bay Road to the south line of Section 23, Township 28 North, Range 1 East, W.M.; Thence westerly along said south line of Section 23 to the intersection with the westerly margin
of Paradise Bay Road;
Thence southerly along the westerly margin of Paradise Bay Road to the intersection with the northerly margin of Andy Cooper Road;
Thence westerly along the northerly margin of said Andy Cooper Road to the intersection with
the easterly margin of Teal Lake Road; Thence northwesterly along the easterly margin of Teal Lake Road to the point of beginning of this description.
All situated within Jefferson County, Washington.
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
[Ord. 4-08 § 1]
8.50.180 Chimacum Creek. The area described below is hereby established as a no shooting area as provided in Article I of this chapter.
All of the following described lands, being a portion of Sections 34 and 35, Township 30 North,
Range 1 West, W.M., and Sections 2 and 3, Township 29 North, Range 1 West, W.M., lying within the following bounds: Beginning at the intersection of centerline of as-built Prospect Avenue extended Easterly to the
westerly shoreline of Port Townsend Bay said point being the True Point of Beginning of this
description; Thence Westerly along the centerline of as-built Prospect Avenue to the intersection of said road with the centerline of State Route 19, also known as Airport-Cutoff Road;
Thence Southeasterly along the centerline of said State Route 19 to the intersection with the centerline of Irondale Road; Thence Easterly along the centerline of Irondale Road to the intersection with the centerline of
platted Market Street as said road is platted in the plat of Harrisburg recorded in Volume 1 Page
16 records of Jefferson County, Washington; Thence Easterly along said centerline of Market Street to the centerline of Maple Street as platted on said plat;
Thence continuing Easterly along the centerline of platted Market Street lying North of Block 40 and Reserve A, as platted in the plat of Irondale, recorded in Volume 3 Page 5 records of Jefferson County, Washington and the extension of said Market Street to the Westerly shoreline of Port Townsend Bay;
Thence Northerly and Westerly, upland of the 0.0 low tide mark with a line at the mouth of Chimacum Creek between the following coordinates: -122.771 48.049D DD to -122.771.48.049 DD, within Port Townsend Bay to the True Point of Beginning.
All lying and being in Jefferson County, Washington.
[Ord. 3-17 § 1; Ord. 11-08 § 1] 8.50.190 Tala Shore.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter. That portion of Section 15, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, encompassed within the following described boundary:
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Beginning at the intersection of the South Section line of Section 15, Township 28 North, Range 1 East, W.M. Jefferson County, State of Washington and the centerline of a private road known
as East Ludlow Ridge Road, as said private road is described in Auditor File Number 285012
records of Jefferson County, Washington; Thence Northerly along said private road centerline to the North line of the Southeast Quarter of the Northwest Quarter of Sections 15, Township 28 North, Range 1 East; Thence Easterly along said North line of the Southeast Quarter of the Northwest Quarter of Sections 15 to the Northwest corner of Government Lot 4; Thence Easterly
along the North line of Government Lot 4 and the Easterly extension of the North line of
Government Lot 4 to the 0.0 low tide mark within Hood Canal, Thence Southerly along said 0.0 low tide mark within Hood Canal to the intersection of said 0.0 low tide mark with the Easterly extension of the South section line of said Section 15; Thence
West along said Easterly extension of said South section line and the South section line of
Section 15, Township 28 North, Range 1 East, to the intersection of said South line and the centerline of the private road known as East Ludlow Ridge Road said point being the point of beginning of this description.
TOGETHER WITH:
All of Section 10, Township 28 North, Range 1 East, W.M. Jefferson County, State of Washington.
All situated in Jefferson County, State of Washington.
[Ord. 6-14 §§ 1, 2] 8.50.200 Ocean Grove.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter. Albert Balch and Harry Cotton’s Ocean Grove Estates, as per plat recorded in Volume 4 of Plats, Page 20, records of Jefferson County, Washington;
TOGETHER WITH Albert Balch and Harry Cotton’s Ocean Grove Estates No. 2, as per plat recorded in Volume 4 of Plats, Page 27, records of Jefferson County, Washington; TOGETHER WITH that portion of Government Lot 4, Section 24, Township 30 North, Range 2
West, W.M., not included in said Albert Balch and Harry Cotton’s Ocean Grove Estates and in
Albert Balch and Harry Cotton’s Ocean Grove Estates No. 2. TOGETHER WITH that portion of Lot 5 of survey recorded in Volume 11 of Surveys, Page 54, under Auditor’s File Number 328912, located within Government Lot 5, Section 24, Township
30 North, Range 2 West, W.M., described as follows:
Beginning at the Northwest corner of said Lot 5; Thence proceeding on a bearing of S 88° 30’ 34” East 67.21 feet along the North line of said Lot
5 to the Southwest corner of Lot 12, plat of Ocean Grove No. 2, Volume 4 of Plats, Page 27,
records of Jefferson County;
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
Thence continuing South 88° 30’ 34” East 76.22 feet to the Southeast corner of said Lot 12;
Thence turning South 26° 34’ 58” West 166.11 feet to a rebar and cap marked “Parrish, LS 29535”; Thence continuing South 26° 34’ 58” West 9.07 feet;
Thence North 83° 52’ 04” West 69.36 feet to the West boundary of said Lot 5; Thence North 01° 29’ 25” East 8.53 feet to a rebar and cap marked “Parrish, LS 29535” and the West line of said Lot 5;
Thence along the West line of Lot 5 North 01° 29’ 25” East 144.51 feet to the Point of Beginning; TOGETHER WITH Albert Balch and Harry Cotton’s Ocean Grove Estates No. 3, as per plat
recorded in Volume 4 of Plats, Page 31 and amended in Volume 6 of Plats, Page 138-139,
records of Jefferson County, Washington.
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
APPENDIX B
Article III. Commercial Shooting Facilities
8.50.210 Purpose.
The purpose of this article is to provide uniform requirements for the establishment and
operation of all commercial shooting facilities in unincorporated parts of the county. These
requirements include provisions that:
(1) Establish a permitting procedure and rules for the siting, design and operation of commercial
shooting facilities that protect participants, spectators, neighboring properties and the public;
(2) Include appropriate measures designed to make the discharge of firearms safe during the
operation of commercial shooting facilities; and,
(3) Protect the environment;
(4) Ensure compatibility with neighboring land uses as regulated in Title 18 JCC; and,
(5) Promote the continued availability in the county of shooting facilities for firearm education,
training, and practice in the safe use of firearms, and firearm sports, without prohibiting or
expressly regulating the discharge of firearms.
8.50.220 Definitions.
The following definitions shall apply in the interpretation and enforcement of the ordinance
codified in this article:
(1) “Aggrieved party” means a person or persons who can demonstrate that a decision by the director or a hearing examiner will prejudice them or their interests that are protected by federal or state law or JCC.
(2) “Annual inspection” means the annual inspection required by JCC 8.50.230(5)(d).
(3) “Applicant” means a person applying for an operating permit.
(4) “Armed forces” means the armed forces of the United States or of the National Guard or organized reserves.
(5) “Backstop” means a barrier that stops or redirects bullets fired on a shooting range, usually
directly behind the target line.
(6) “Baffles” means barriers constructed to contain bullets or to reduce, redirect or suppress sound waves.
(7) “Ballistic trauma” means wounds to humans or domestic animals or property damage from the discharge of firearms.
(8) “Berm” means an embankment used for restricting bullets to a given area, as a protective
or dividing wall between shooting areas, or for noise abatement.
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
(9) “BMP” means best management practice or practices, which are systems of practices, schedules of activities, maintenance procedures, and management measures that prevent or
minimize adverse impacts to the environment.
(10) “Bullet” means a single projectile fired from a firearm.
(11) “Buffer zone” has the same meaning as in JCC 18.10.20B and includes but is not limited to buffer zones required by Chapter 18.22 JCC (the critical areas ordinance) or Chapter 18.25 JCC (the shoreline master program ordinance), federal or state law.
(12) “Cartridge” means a self-contained unitized round of ammunition that is made up of a case,
a primer, powder, and a bullet. The case usually is made of brass but may be steel, metal alloy or plastic.
(13) “CFR” means the Code of Federal Regulations, as it now exists or is later amended.
(14) “Cold Range” means a shooting range open to the public on which all firearms are to be
unloaded at all times, unless instructed otherwise by a range master or a range officer.
(15) “Commercial shooting facility” means an indoor commercial shooting facilityindoor shooting facility or outdoor commercial shooting facility designed and specifically designated for safe shooting practice with firearms, whether open to the public, open only to private membership, or any combination of the above that for the use of the commercial
shooting facility requires a contract, charges a fee or other compensation, or requires
membership. In addition, where property is used primarily for lawful shooting practice for guests of the owner, and where the other uses of the property either facilitate shooting practice or are incidental, intermittent or occasional, it is presumed that the property used for lawful shooting practices is a commercial shooting facility. The term “commercial
shooting facility” does not include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the United States, the State of Washington, or any political subdivision of the State of Washington;
(b) Any portion of a privately-owned property used for lawful shooting practice solely by
its owner or the owner’s guests without payment of any compensation to the owner of
the privately-owned property or to any other person. For the avoidance of doubt, where privately owned property is used primarily for lawful shooting practice for guests of the owner, and where the other uses of the property either facilitate shooting practice or are incidental, intermittent or occasional, it is presumed that the privately owned
property used for lawful shooting practices is a commercial shooting facility.
(16) “Cowboy action shooting” means a type of match using one or a combination of firearms in “Old West themed” courses of fire for time and accuracy.
(17) “Critical areas” mean critical areas as defined in Chapter 18.22 JCC.
(18) “Department” means the county public health department’s division environmental public
healthcommunity development.
(19) “Director” means the director of the department of community development.
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
(20) “Environmental ComponentPlan” means the portion of the Safety and Environmental Health Plan that contains the plan for mitigating the environmental impacts of related to managing
solid waste and lead by implementing generally accept BMPs for management of lead commercial
shooting facilities as required by JCC 8.50.240(4).
(21) “Expansion” means any proposed change that increases the existing activities and uses permitted for a commercial shooting facility, including expansions of a commercial shooting facility lawfully operating as of the effective date of the ordinance codified in this article.
Examples of expansions include but are not limited to additional firing positions, lengthened
periods of operations, increases in permitted firearm caliber or range, or increased size of shot fall or direct fire zones. Modifications made solely through routine maintenance of a commercial shooting facility, such as the installation of sewer, water or other utilities, pavement of a parking lot, the installation of safety baffles, construction of side or backstop berms, or the construction or
remodeling of a clubhouse, shall not be considered an expansion.
(22) “Exploding target” means a target that explodes when hit by a projectile.
(23) “Explodes” means burst or shatter violently and noisily from rapid combustion, decomposition, excessive internal pressure, or other process, typically scattering fragments widely.
(24) “Facility Design Plan” means the written procedures or policies of a commercial shooting
facility that specifically define the facility design requirements for the commercial shooting facility
as required by JCC 8.50.240(2).
(25) “False Report” means a report of violation that results in the dispatch of the department, the sheriff or emergency services for a violation of this article when, in fact, there was no violation of this article and no reasonable belief there was a violation of this article.
(26) “Firearms allowed at commercial shooting facilities” means weapons that can be legally,
owned, carried and discharged in accordance with the laws of Washington under Chapter 9.41 RCW (“Firearms and Dangerous Weapons”) and not additional weaponry in use by military forces which require specialized authorization, training and training grounds. Machine guns, destructive devices, and certain other firearms are prohibited on commercial shooting facilities. The definition
of these items may be found in Title 26 U.S.C., Chapter 53, section 5845, also known as the
National Firearms Act. Examples are: any select fire firearm (aka full-auto), mortar, rocket launcher, grenade, Molotov cocktail.
(27) “Firearm” has the same meaning as in JCC 8.50.040.
(28) “Firing line” means a line parallel to the targets from which firearms are discharged.
(29) “Firing point” means a location from which one individual fires at an associated target
located down range.
(30) “Five-stand shooting” means a shotgun shooting sport where there are five stations or stands on the firing line and multiple strategically placed target throwers that throw targets in front of the firing line.
(31) “Hazardous substance” means any liquid, solid, gas, or sludge, including any material,
substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or WAC 173-303-100.
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
(32) “Hazardous waste” means those solid wastes designated by 40 CFR Part 261 and regulated as hazardous or mixed waste by the United States EPA.
(33) “Hot Range” means a shooting range on which all firearms are allowed to be loaded at all
times.
(34) “Impact area” means the area in a backstop or bullet trap directly behind the target where bullets are expected to impact or the area downrange where bullets will impact if not captured by a backstop or bullet trap.
(35) “Indoor shooting facility” means a commercial shooting facility within a fully enclosed
structure, including lawful incidental sales of firearms, ammunition, component parts and accessories.
(36) “JCC” means the Jefferson County Code, as it now exists or is later amended.
(37) “Law enforcement officer” means “federal peace officer” as defined in RCW 10.93.20(6),
“general authority Washington peace officer” as defined in RCW 10.93.20(3), “law enforcement”
officer as defined in RCW 9.41.010 (12), “peace officer” as defined in RCW 43.101.010(11), “limited authority Washington peace officer” as defined in RCW 10.93.20(4), “qualified law enforcement officer” as defined in 18 U.S.C. Section 928B(c) and, “specially commissioned Washington peace officer” as defined in RCW 10.93.20(5). For the avoidance of doubt, “law
enforcement officer” includes federal, tribal, state, and local members of law enforcement
organizations certified by their jurisdiction to enforce the laws of that jurisdiction.
(38) “Life safety incident” means an incident that causes ballistic trauma to humans, domestic animals, or property.
(39) “Member of the armed forces” means a member of the armed forces, when on duty.
(40) “NRA Range Source Book” means the most current2012 version of The NRA Range
Source Book published by the National Rifle Association.
(41) “Operations ComponentPlan” means the portion of the Safety and Environmental Health Plan that contains the written procedures or policies of a commercial shooting facility that specifically define the operations requirements for the commercial shooting facility as required by
JCC 8.50.240(3).
(42) “Operator” means the person operating the commercial shooting facility.
(43) “Operating Permit” means the operating permit required by this article.
(44) “Or” means both or and and/or.
(45) “Other Reports of Violations” means reports of violations that are not life safety incidents
or threats to humans, domestic animals or property.
(46) “Outdoor shooting facility” means a commercial shooting facility that is not an indoor shooting facility.
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
(47) “Owner” means the holder of title to the real property on which a commercial shooting facility is located.
(48) “Person” means person as that term is defined in RCW 1.16.080.
(49) “Physical containment” means the use of physical barriers that are sufficient to contain the projectile from the highest power firearm used on a shooting range when the shooting range is used in accordance with its operating permit. Physical containment may include, but is not limited to baffles, sidewalls, backstops and berms of adequate design, quantity, and location to ensure that
projectiles cannot escape the commercial shooting facility.
(50) “Practical shooting” means a sport that challenges an individual’s ability to shoot rapidly and accurately with a firearm. To do this, shooters take on obstacle-laden shooting courses called stages, some requiring many shots to complete, and others just a few. While scoring systems vary between practical shooting organizations, each measures the speed with which the stage is
completed, with penalties for inaccurate shooting.
(51) “Projectile” means an object fired from a firearm.
(52) “Provisional operating permit” means a provisional operating permit issued pursuant to JCC 8.50.230(4)(c).
(53) “Qualified Shooting Range Evaluator” means a person who has been an NRA range
technical team advisor or who is a professional engineer with expertise in the design of shooting
ranges.
(54) “Range master” or “range officer” means a person or persons trained and appointed by the operators of a commercial shooting facility to oversee the safe discharge of firearms in accordance with the requirements of this article and any additional safety specifications that may be adopted
by the operators of the commercial shooting facility. At a minimum, a range master or a range
officer shall complete the necessary training and obtain certification to be a range master or range officer from the National Rifle Association, the NROI National Range Officer Institute, the IDPA International Defensive Pistol Association, the SASS Single Action Shooters Society, the CMP Civilian Marksmans Program, the Washington State Criminal Justice Commission, anthe armed
forces or, as determined by the director, other training equivalent to the National Rifle Association
training for certification as a range master or range officer.
(55) “RCW” means the Revised Code of Washington, as it now exists or is later amended.
(56) “Report of Violation” means a report of a violation of this article received by the department or the sheriff.
(57) “Routine maintenance” means repair of structures or property maintenance for which
permits are not required or repair of berms.
(58) “Rules and regulations” means requirements used in the operation of a commercial shooting facility that minimize the risk of threatened harm.
(59) “Safety fan” means all areas in or outside a shooting range where projectiles may impact
or ricochet when firearms are operated in accordance with rules and regulations (as defined above).
The safety fan extends to the maximum range of the most powerful cartridge and firearm used on
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
the shooting range unless adequate physical containment is provided. When physical containment is adequate, the safety fan is limited to the area within the containment.
(60) “Safety Componentplan” means the portion of the Safety and Environmental Health Plan
that contains the written procedures or policies of a commercial shooting facility that specifically define the safety requirements for the commercial shooting facility as required by JCC 8.50.240(2).
(61) “Sheriff” means the elected sheriff of Jefferson County or designee.
(62) “Shooting range” consists of a firing line or firing points, and an impact area.
(63) “Skeet shooting” means a shotgun shooting sport where the shooter is on the firing line and
shoots at targets launched from two skeet houses in somewhat sideways paths that intersect in front of the shooter.
(64) “Sporting clays” means a form of clay pigeon shooting that consists of multiple shooting stations laid out over natural terrain such that target presentations simulate the unpredictability of
live quarry shooting.
(65) “Target” means a mark to shoot at.
(66) “Target line” means the line where targets are placed.
(67) “Threatened Harm” means a reasonable likelihood that humans, domestic animals, or property have been or will be jeopardized by the operations of the commercial shooting facility.
(68) “Tracer or incendiary ammunition” means any ammunition causing or designed to cause
fires and includes a projectile or shell that traces its own course in the air with a trail of smoke, chemical incandescence, or fire to facilitate adjustment of the aim of a firearm.
(69) “Trap shooting” means a shotgun shooting sport where a shooter on the firing line shoots at targets launched from a single launching point and generally away from the shooter.
(70) “U.S.C.” means the United States Code, as it now exists or is later amended.
(71) “WAC” means the Washington Administrative Code, as it now exists or is later amended.
8.50.230 Operating Permit Required.
(1) Commercial shooting facilities shall be authorized and operated in accordance with an operating permit issued by the department. No proposed or established commercial shooting
facility may operate without an operating permit. Failure to obtain an operating permit shall result
in closure of the commercial shooting facility until such time a permit is obtained. Commercial shooting facilities that operate without an operating permit are subject to enforcement, including but not limited to injunctive relief. The operating permit shall govern the scope of operations of each commercial shooting facility, and shall be issued, denied, or conditioned based upon the
standards set forth in this article.
(2) The operating permit is not alter the legal nonconforming use status and rights of established commercial shooting facilities, which are governed by Title 18 JCC and the common law, nor shall the operating permit authorize expansion of commercial shooting facility uses that
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
otherwise require approval pursuant to a conditional use permit or other land use permits per Title 18 JCC.
(3) Conditional Use Permit and Operating Permit for New Commercial Shooting Facilities
may be considered by the hearing examiner at the same time. If Tthe owner or operator of a proposed new commercial shooting facility shall apply applies for an operating permit at the time of and thea conditional use permit application, A hearing examiner considering a conditional use permit application pursuant to Title 18 JCC shall review the operating permit application as part
of the review.a hearing examiner may consider both applications at the same time pursuant to
Chapter 2.30 JCC, but the requirements and procedures under this chapter and under JCC are separate and distinct and must be followed separately.
(4) Provisional Operating Permit for Established Commercial Shooting Facilities.
(a) The owner or operator of an established commercial shooting facility in active use on the
effective date of the ordinance codified in this article shall apply for an operating permit not
later than one hundred eighty (180) days after the effective date of the ordinance codified in this article or within such other period as established by the director in consultation with the applicant.
(b) Subject to JCC 8.50.230(4)(c), an established commercial shooting facility must obtain an
operating permit within one year of the application required by JCC 8.50.230(4)(a).
(c) If the professional evaluation (JCC 8.50.240(6)) does not demonstrate full compliance with this article, then a provisional operating permit may be issued by the director, provided: Life Safety Deficiencies. Aall life safety deficiencies identified in the professional evaluation must be corrected prior to issuance of the provisional operating permit.
(d) Provisional operating permits do not vest the applicant to any Jefferson County Code
requirements.
i. Critical Area Deficiencies. Any proposed operation that likely threatens to cause a detrimental impact to a critical area must be addressed to remove that threat prior to issuance of the provisional operating permit.
ii. Other Deficiencies.
A. In consultation with the owner or operator, the Qqualified Sshooting Rrange Eevaluator who performed the professional evaluation and the director will establish a timeline for remedying all the other deficiencies noted in the professional evaluation that are not life safety deficiencies or critical area
deficiencies.
B. If the director concludes that agreement on the timeline for correction of the other deficiencies cannot be reached, the director shall provide written notice of agreement to attend mediation to the applicant to be concluded within 60 days, along with a proposed timeline for correction of the other deficiencies.
C. If the applicant does not agree to mediation within 7 days after the director
sends written notice, the timeline for correction of the other deficiencies proposed by the director pursuant to JCC 8.50.230(4)(d)(ii)(B) shall be established.
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
D. The applicant may appeal the establishment of the timeline for correction of the other deficiencies established pursuant to subsection JCC 8.50.230(4)(c)
(iii)(C) to the hearing examiner pursuant to Chapter 2.30 JCC.
E. The provisional operating permit shall be issued only on the condition of acceptance by the applicant of the timeline established for correction of the other deficiencies.
F. Failure to adhere to the timeline for correction of the other deficiencies may
result in a notice of correction served by the department on the owner or operator
of the commercial shooting facility.
G. Following a notice of correction, the director and the owner or operator of the commercial shooting facility may meet to develop a compliance plan. The compliance plan shall establish a reasonable and specific time frame for compliance
with the timeline for correction of the other deficiencies. The voluntary correction
process is optional as deemed by the director. If the director believes that the requirements of a voluntary correction plan are not being met, the director shall revoke the provisional operating permit.
H. Failure to adhere to the timeline for correction of the other deficiencies 30
days after issuance of the notice of correction or after failure to adhere to a
compliance plan shall constitute sufficient grounds for the director to terminate immediately the provisional operating permit.
I. Termination of a provisional operating permit by the director may be appealed pursuant to JCC 8.50.260.
J. When all other deficiencies have been corrected, the director shall issue an
operating permit.
(5) Inspections and Annual Report Required.
(a) Pre-Operation Inspection. Prior to issuing any operating permit or provisional operating permit, the department shall inspect the commercial shooting facility to
determine that the commercial shooting facility complies with any applicable conditional
use provisions required by Title 18 JCC and all the requirements in the approved operating permit application.
(b) Annual report. The holder of the operating permit shall submit a report to the department on an annual basis in a form required by the department. The annual report is
due each year on the last day of the same month the operating permit was issued. The
annual report shall include:
i. A written statement by the owner of the commercial shooting facility declaring that the commercial shooting facility is compliant with the initial operating permit approval;
ii. A statement of any changes to the plans required by JCC 8.50.240(1)(a)-(e),
as submitted in the application; and,
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iii. A current statement of general liability insurance and any monitoring data required by an operating permit or any applicable conditional use permit issued pursuant
to Title 18 JCC.
(c) Annual Inspection. After issuance of an operating permit, commercial shooting facilities shall be subject to an annual inspection by the department following submission of the annual report required by this section. The department shall develop a checklist for an annual inspection. The checklist for the annual inspection shall be provided to the
operator at the time the operating permit is issued and shall be effective during the term of
the operating permit.
(d) Noncompliance Inspection. A noncompliance inspection shall be triggered upon receipt by the director of any of the following claims:
i. A claim of noncompliance with the operating permit; or,
ii. A claim that there exists either a life safety incident or threatened harm.
For noncompliance inspections:
i. The department shall have the authority to establish procedures for noncompliance inspections.
ii. The department shall contact the commercial shooting facility within one
business day after receipt by the department of a claim pursuant to subsection
(d) and shall give the commercial shooting facility a written notice of the claim; and,
iii. The owner or operator shall make the commercial shooting facility available for inspection not later than two business days after receiving a request for an
inspection from the department.
(e) Following an annual inspection or a noncompliance inspection:
i. The department shall inform the owner or operator in writing of any deficiencies or corrective actions to be taken, which may include any of the actions authorized by subsection (f);
ii. The owner or operator shall take corrective action within a reasonable time, as
determined by the department in consultation with the operator; and,
iii. The owner or operator shall allow the department to conduct follow-up inspections to verify that corrective action has been taken.
(f) Life Safety Incident. If the director determines there was a life safety incident:
i. The director may suspend or modify the operating permit, close the commercial
shooting facility or a shooting range, or modify shooting range operations;
ii. The director shall provide the owner or operator a written notice that shall set forth each claimed life safety incident with a specific reference to applicable
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violation of this article or operating permit and the corrective measures to be taken;
iii. The owner or operator shall respond in writing to the written notice provided
by the director and shall take any necessary corrective measures within a reasonable time, as determined by the department in consultation with the operator;
iv. The owner or operator shall allow the department to conduct follow-up
inspections to verify that corrective action has been taken;
v. The department shall verify that corrective action has been taken; and,
vi. Until the corrective measures are completed and verified, the director’s determination in JCC 8.50.230(5)(f)(i) shall remain in effect.
(g) Effect of a Suspension of an Operating Permit. An operating permit that has been
suspended requires the commercial shooting facility to cease any firing activities
until the permit has been reinstated by the director.
(h) Land Use Permits Also May be Required. In addition to the operating permit required by this article, land usea separate permit applications under may be required under Title 18 JCC. Land use permit applications for a commercial
shooting facility shall be governed by Title 18 JCC.
8.50.240 Application for a Commercial Shooting Facility Operating Permit.
(1) Required Components. The application for a commercial shooting facility operating permit
shall contain a Safety and Environmental Health Plan with the components required in the
subsections that follow:
(a) Facility Design Plan;
(b) Safety ComponentPlan;
(c) Operations ComponentPlan;
(d) Environmental Health ComponentPlan;
(e) Sound Suppression ComponentPlan;
(f) Professional Evaluation;
(g) Certification; and,
(h) A list of all property owners prepared by a title company within the distance of the safety
fan, but no less than one mile.
Facility Design Plan.
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(a) The Facility Design Plan for all indoor and outdoor commercial shooting facilities shall contain the following elements:
i.Locations and dimensions of all walkways;
ii.Locations of all hazardous material storage and use, per a hazardous substance or hazardous waste management plan, if needed; and,
iii.The component parts for each shooting range.
(b) The Facility Design Plan for all outdoor commercial shooting facilities:
i. Locations and dimensions of firing lines or firing points, target lines and impact
areas including all related buildings;
ii. Locations, dimensions and slope of all backstops and side berms, whether natural feature or manmade and the volume, source, and type of all materials of which they are comprised;
iii. Locations and specifications of all baffles and containment structures;
iv. Location of all security measures specified in JCC 8.50.250(1);
v. The safety fan for each shooting range proposed;
vi. Approximate location of buildings on adjoining property;
vii. Approximate location of any stream, river, lake, or other body of water within 500
yards of the commercial shooting facility.
viii. Dimensional drawings of physical layout for each of the items listed in this subsection, drawn at an engineering scale appropriate for the drawings;
ix. Horizontal drawings of the baffles and containment structures, and a description of the materials to be used for them;
x. For rifle and pistol shooting ranges:
A. Longitudinal cross-sections, with elevations, of that portion of each shooting range from 10 feet behind each firing line to 10 feet beyond the downrange terminus of each direct fire zone, 10 feet beyond the back toe of each backstop if manmade, or if natural, 20 feet beyond the front edge of the backstop, as
applicable; and,
B. Latitudinal cross-sections, from 10 feet outside all side berms or the edge of each safety fan, of typical areas between each firing line and backstop or downrange terminus of the direct fire zone.
xi. For five-stand shooting, skeet shooting, sport clay shooting and trap shooting
ranges, the location and dimension of the shot fall zones and component parts; and,
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xii. Elevations of all shooting ranges showing target area, backstops and berms.
(2) Safety ComponentPlan. The Safety ComponentPlan shall contain at least the following
elements:
(a) The safety fan for each shooting range proposed;
(b) Approximate location of buildings on adjoining property;
(c) Sign-in procedures, rules and regulations, and protocols for the use of shooting ranges;
(d) An emergency plan, to include provision for immediate notification to 911 of any life
safety incident and on the next business day to the department;
(e) Methods for documenting the accidental or unintended release of a bullet anywhere at or from the commercial shooting facility, which documentation shall be transmitted to the department within 7 days of the release;
(f) Provisions for the safe loading and unloading of firearms;
(g) A requirement that range masters and range officers shall complete the necessary training and obtain certification to be a range master or range officer;
(h) A requirement that at least one range master or range officer be present when shooting is occurring whenever the commercial shooting facility is open to the public;
(i) A requirement that when the commercial shooting facility is closed to the public, a
commercial shooting facility member who has passed the minimum training requirements of the range shall be present;
(j) Provision for specific safety requirements for all cowboy action shooting, practical shooting, and similar sports shooting matches at any shooting range;
(k) Rules and regulations for changing the use of shooting ranges from cold ranges to hot
ranges or vice versa;
(l) A means for participants and spectators to readily contact emergency services such as fire or emergency medical services; and,
(m) Provision for emergency services access by vehicle or air transport.;
(n) A requirement prohibiting the use of alcohol, Cannabis or other drugs at the commercial
shooting facility when it is open to the public or shooting is occurring.;
(o) A requirement that drones may not be flown by anyone on the commercial shooting facility when open to the public or while shooting is being conducted.; and,
(p) A requirement that no shooting take place after dark, except for law enforcement officers
or members of the armed forces provided such shooting after dark for law enforcement
officers or members of the armed forces does not occur after 10 p.m., shooting does not
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exceed four hours, and the maximum days shooting after dark is allowed does not exceed one day per week.
(3) Operations ComponentPlan. The Operations ComponentPlan shall contain at least the
following elements:
(a) The days of the week and the hours of operations;
(b) Whether the commercial shooting facility will be open to the public, open only to private
membership, open to training for groups or organizations, or any combination of these;
(c) A description of any activities that would not be overseen by the owner or operator and how the owner or operator will obtain compliance with the operating permit for these activities.
(d) The types and largest caliber of firearms and ammunition to be allowed on each shooting
range;
(e) Type of shooting proposed on each shooting range;
(f) Whether exploding targets are to be used. If so, a plan for mitigation of noise impacts on neighbors;
(g) A requirement that the owner or operator maintain comprehensive general liability
insurance coverage, with a minimum coverage amount of one million dollars for each
occurrence and combined single limit and two million in the aggregate during operation of the commercial shooting facility;
(h) A requirement that certificates of insurance for all policies that provide insurance coverage for the commercial shooting facility be provided to the department evidencing
continuous insurance coverage required by the Operations Plan within fifteen (15) days
of approval of the Operations Permit that include:
i. The limits of coverage;
ii. The names and addresses of all certificate holders; and,
iii. A statement that the insurance policy shall not be canceled or allowed to expire
except on thirty (30) days prior written notice to the department.
(i) A requirement that the department be notified of any change in the insurance required by the Operations Plan.
(4) Environmental Health ComponentPlan. Each commercial shooting facility operator shall develop and submit anThe Environmental Componentplan withshall contain the following
minimum requirements:
(a) BMPs for the collection and disposal of bullets, cartridges, and shotgun wadding.
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(b) Approximate location of any stream, river, lake, or other body of water within 500 yards of the commercial shooting facility.
(c) At indoor facilities, BMPs for lead as recommended by the National Institute for
Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert –
Preventing Exposures to Lead and Noise at Indoor Firing Ranges, as it exists now or later
is amended.
(d) At outdoor shooting facilities, BMPs for lead as recommended by USEPA Region 2 in its
2005 publication entitled Best Management Practices for Outdoor Shooting Ranges, as it
exists now or later is amended.
(e) If, other than lead, any hazardous substance or hazardous waste will be keptstored at the
commercial shooting facility, the Environmental Health ComponentPlan also shall
include:
i. A plan for compliance with requirements under existing law for the handling and
closure of facilities for storage or use of the hazardous substance or hazardous waste;
and,
ii. A plan for financial assurance consistent with existing law for addressing any remediation of hazardous substances or hazardous waste.
(e) For the avoidance of doubt, this article neither seeks to set nor does set any substantive
environmental standards, including but not limited to standards for any hazardous
substance or hazardous waste, including but not limited to lead.
(5) Sound Suppression ComponentNoise Abatement Plan. Each commercial shooting facility
operator shall develop and submit a noise abatement plan. The sound suppression
component shall contain the following minimum requirements:
(a) Identify potential sound issues and potential solutions to those issues;
(b) Describe proposed methodologies and technologies to suppress soundmitigate noise from operations proposed for the facility;
(c) Provide a description of how the sound suppression component will be integrated into
yearly planningimplemented on a yearly basis; and,
(d) Contain BMPs to maximize sound suppressionnoise abatement consistent with the NRA Source Book and Chapter 8.70 JCC (noise control).
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(6) Professional Evaluation.
(a) The Professional Evaluation shall be the responsibility of the county under the direction
of the director and shall be performed by a qualified shooting range evaluator.
(b) If requested, the applicant shall allow for an inspection of the site of the new or established commercial shooting facility by the qualified shooting range evaluator.
(c) The Professional Evaluationqualified shooting range evaluator shall contain an
evaluation of the operating permit application that shall be performed by a qualified
shooting range evaluator (as defined above) that meets the following minimum requirements provide a written evaluation of the level of safety of the operations proposed in the operating permit application, which shall contain:
i. The evaluation shall discuss Any An evaluation of all safety issues not addressed
by the operating permit application;
ii. Any An evaluation of all proposed usesoperations that are inconsistentto ensure consistency with the NRA Range Source Book for facility designs and institutional controls;
iii. The evaluation shall include An evaluation of whether the commercial shooting
facility’s operationsuses and institutional controls described in the application for
an operating permit minimize threatened harm;
iv. The evaluation shall be in written form and signed byThe signature of the qualified shooting range evaluator;
v. For new commercial shooting facilities, the evaluation shall certify a certification
that the operating permit application satisfies all the requirements of this article.
vi. For established commercial shooting facilities, the evaluation shall classify the ways in which the facility is currently non-compliant with this article according to the following priorities:
A. Life safety issues or critical area deficiencies that must be remedied prior to
issuance of an operating permit; and,
B. Facility design componentsProposed operations that do not meet the safety objectives of this article.; and,
C. Facility design components that do not mitigate detrimental effects of the facility on critical areas.
(d) The applicant shall reimburse the county for the actual costs incurred (including
consultant work and the cost of county staff review based on the applicable hourly rates,
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less the application fee) of the evaluation. No operating permit shall be issued until reimbursement to the county is made.
(e) The applicant may challenge the evaluation by appealing the professional evaluation to
the hearing examiner pursuant to JCC 8.50.260.
(c) Certification.
(a) Every application for an operating permit for a new commercial shooting facility shall be accompanied by a notarized certification by the operator that specifies the commercial
shooting facility:
i. Complies with this article;
ii. Meets commonly accepted shooting facility safety and designoperations practices; and,
iii. Shall be operated in a manner that protects the safety of all persons present at the
commercial shooting facility and persons on neighboring properties.
(b) Every application for an operating permit for an established commercial shooting facility shall be accompanied by a notarized certification by the operator that specifies the following:
i. The operator will abide by the improvement plan agreed upon as a condition of the
issuance of the operating permit;
ii. Areas of non-compliance at the commercial shooting facility will not increase over time;
iii. That as much as possible the facility meets commonly accepted shooting facility safety and designoperations practices; and,
iv. That the facility shall be operated in a manner that protects the safety of all persons
present at the commercial shooting facility and persons on neighboring properties.
(9) Notice and Comment.
(a) The director shall issue a notice of application for on all commercial shooting facilities.
(b) The notice of application shall include the following:
i. The name and address of the applicant or the applicant’s representative;
ii. The date of application, the date of the notice of completion for the application, and the date of the notice of application;
iii. The street address location of the project or, if unavailable, a description of the subject property reasonably sufficient to inform the public of its location, which may
include a vicinity location (map), the location in reference to roadway intersections,
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or a written description (rural route box or subdivision lot and block alone are not sufficient);
iv. The identification of state, federal or other permits required by other agencies with
jurisdiction not included in the application, to the extent known by the county;
v. The name and phone number of the person at the department evaluating the application;
vi. A statement of the limits of the public comment period, which shall be 30 calendar
days following the date of the notice of application;
vii. Statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;
viii. A statement of the preliminary determination, if one has been made at the time of the
notice of application, of the proposed commercial shooting facility’s consistency with
this article;
ix. The date, time, place of hearing, if applicable, and if scheduled prior to the date of the notice of application;
x. A statement of when and where a copy of the application, all supporting
documentation and evidence relied upon by the applicant, and applicable
development regulations may be available for public inspection;
xi. A statement that a copy of any staff report will be available for inspection at no cost to the public at least 7 calendar days prior to any public hearing (if applicable); and,
xii. Any other information the administrator determines appropriate.
(c) The director shall issue the notice within 14 calendar days of receipt of an application for
a commercial shooting facility.
(d) The notice of application shall be sent by mail to the applicant and to all property owners identified in JCC 8.50.240(1)(h).
(e) The notice of application shall also be published in the official county newspaper at least
once. Published notice shall include the proposed commercial shooting facility’s road or
street address or location, type(s) of permit(s) all applied for concerning the commercial shooting facility, comment period dates, and location where the complete application and notice of application may be reviewed.
(f) The department shall be responsible for preparation of the list of all property owners
identified in JCC 8.50.240(1)(h); provided, that the director retains the authority to
require the applicant to supply and certify the list of all property owners identified in JCC 8.50.240(1)(h) in circumstances where the information is not readily available to the county. The department shall obtain addresses for mailed notice from the county’s geographic information system (GIS) or real property tax records. The director shall
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make a notation in the file affirming mailing of notice to all persons entitled to notice under this article.
(g) All public notices shall be deemed to have been provided or received on the date the
notice is deposited in the mail or personally delivered, whichever occurs first.
(h) Failure to send notice by mail shall not invalidate such proceedings where the owner appears at the hearing or receives actual notice.
(i) As optional methods of providing public notice of any operating permits, the county may:
i. Notify the public or private groups with known interest in a certain proposal or in the
type of proposal being considered;
ii. Notify the news media;
iii. Place notices in appropriate regional or neighborhood newspapers or trade journals;
iv. Place public notice in agency newsletters or send notice to agency mailing lists, either
general lists or lists for specific proposals or subject areas;
v. Mail to neighboring property owners; or,
vi. Place notices on the Internet.
(j) The county’s failure to provide the optional notice as described above shall not be grounds for invalidation of any operating permit decision.
(k) The comment period shall be 30 calendar days from the date of the published notice of
application.
(l) Comments may be mailed, personally delivered or sent by facsimile.
(m) Comments shall be as specific as possible.
(n) The director will receive public comments during regular business hours any time up to
and during the open record hearing, if any, or if there is no pre-decision hearingopen
record hearing, prior to the decision on the operating permit.
(o) The county may not issue a decision or recommendation on the operating permit until the expiration of the public comment period on the notice of application.
(p) The applicant shall reimburse the county for the actual costs incurred for providing
notice. No operating permit shall be issued until reimbursement to the county is made.
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8.50.250 Minimum Standards.
(1) Required Security. Commercial shooting facilities shall provide security measuresbe operated
to deter unauthorized entry to any shooting range, such as barriers, berms, cameras, gates,
fencing, on-site security personnel, physical limits, or signage.
(2) Containment. Commercial shooting facilities shall be designed and operated so that when firearms are operating in accordance with the rules and regulations (as defined above), thereby minimizing threatened harm all projectiles are kept from leaving any shooting range or the
commercial shooting facility.
(3) Critical Areas.Operations Cannot Create a Nuisance. The operation of commercial shooting facilities shall not create a public nuisance.Commercial shooting facilities shall be designed and operated to prevent adverse impacts to critical areas.
8.50.260 Administrative Remedy for Decisions Made by the Director.
When a decision is made by the director pursuant to the provisions of this article, an applicant or
any aggrieved party may appeal the decision to the hearing examiner pursuant to the procedures in Chapter 2.30 JCC (Hearing Examiner Code) by providing written notice of appeal to the director within 14 calendar days of the decision. The fee for such appeal shall be as set forth in the Jefferson County fee ordinance and must be paid by the appellant at the time of filing the
notice of appeal.
8.50.270 Judicial Appeals.
(1) Time to File Judicial Appeal. Within 21 calendar days of the date the decision or action becomes final, the applicant or any aggrieved party may appeal the final decision of the director or the hearing examiner to a court of competent jurisdiction in a manner consistent
with state law.
(2) All appellants and aggrieved persons must timely exhaust all administrative remedies prior to filing a judicial appeal.
(3) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the court shall be served by delivery to the county auditor (see RCW 4.28.080), and all persons
identified in JCC 8.50.240(1)(h), within the applicable time period. This requirement is
jurisdictional.
(4) Cost of Appeal. The person who filed the notice of appeal shall be responsible for the cost of transcribing and preparing all records ordered certified by a court or desired by the person who filed the notice of appeal. Prior to the preparation of any records, the person who filed
the notice of appeal shall post with the county auditor an advance fee deposit in an amount
specified by the county auditor. Any overage will be promptly returned.
8.50.280 Safe Harbor for Owners and Operators.
Full compliance with an operating permit creates a rebuttable presumption that the commercial
shooting facility is not being operated as a nuisance. For the avoidance of doubt, tThe burden of
proving full compliance is on the owner or operator.
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8.50.290 Reports of Violations of this Article.
(1) Creation of a Form. The director, in consultation with the sheriff, shall develop a form for
receipt of reports of violations of this article.
(2) Provided to the Owner or Operator. All reports of violation shall be provided to the owner or operator of the commercial shooting facility as soon as possible, but no later than two business days from the receipt of the report of violation.
(3) Maintenance of Reports. The director shall maintain a copy of all reports of violation for at
least two years following receipt of a report of violation.
(4) Discussion During Annual Inspection. During the annual inspection, all reports of violation shall be addressed by the department and the owner or operator of a commercial shooting facility.
(5) Response to Reports of Violation.
(a) Name of Informant. All reports of violation shall be encouraged to include the name of
an informant with current contact information for use in the investigation.
(b) Expedited Response. The sheriff shall respond to reports of life safety incidents or threatened harm that violate this article as soon as practical, considering the nature of the report of violation and the other operational demands on the sheriff at the time the report
of violation is received.
(c) Routine Response. Other reports of violation shall be evaluated by the department for investigation. In consultation with the sheriff, the department shall develop a procedure for addressing other reports of violation.
(d) Noise Only Response. When the report of violation is limited to a claim of noise
nuisance, the report of violation shall be addressed by the sheriff under Chapter 8.70 JCC
(Noise Control).
8.50.300 Review Committee. The county board of commissioners may require the director to establish a review committee to
evaluate proposed revisions to this article. The review committee shall consist of: (a) the
director of the department of community development or the director’s designee (chair); (b)
Jefferson County Sheriff or the Sheriff’s designee; (c) Jefferson County Director of
Environmental Health or the director’s designee; (c) a representative of each current commercial
shooting facility in unincorporated Jefferson County; (d) a resident or property owner from each
of the three districts of Jefferson County; (e) one representative of tribal interests, if interested;
and (f) one at large Jefferson County resident or property owner appointed by the county board
of commissioners; and (g) one member of the Jefferson County Planning Commission. The
Jefferson County Prosecuting Attorney (or designee) shall be an ex officio member ofadvisor to
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APPENDIX 2 (PLANNING COMMISSION RECOMMENDED TITLE 8 ORDINANCE)
the review committee but shall not be required to attend every meeting of the review committee.
All Review Committee meetings shall be subject to the requirements of the Open Public
Meetings Act, Chapter 42.30 RCW.
8.50.310 Limitations on the Applicability of this Article.
(1) This article does not place physical controls on development of land, does not control land use
activities, and does not modify any applicable conditional use approval criteria under Title 18 JCC.
(2) Nothing in this article shall be construed as establishing zoning, subdivision control, platting or adoption of detailed maps to control the physical development of Jefferson County.
(3) The mention of members of armed forces in this article is neither a statement of authorization
or prohibition by the county of training by units of the armed forces at any commercial shooting facility. Any disclosure requirements in this article related to members of the armed forces or law enforcement officers only requires information to be provided to regulate the operations at a commercial shooting facility under this article. The mention of members of the armed
forces in this article does not change any provision in Title 18 JCC, including but not limited
to uses authorized or conditional use approval criteria.
(4) This article requires BMPs for compliance with existing substantive environmental standards. However, this article does not create any substantive land use environmental standards, including but not limited to standards for critical areas, shoreline management, or storage of
any hazardous substance or hazardous waste.
(5) This article does not vest or provide non-conforming status under any provision of the JCC. An operating permit issued under this article does not alter the legal nonconforming use status and rights of established commercial shooting facilities, which are governed by Title 18 JCC and the common law, nor shall the operating permit authorize expansion of commercial
shooting facility uses that otherwise require approval pursuant to a conditional use permit or
other land use permits per Title 18 JCC.
(6) Nothing in article shall be construed as:
(a) Authorizing an application or a permit for an outdoor commercial shooting facility to be located in whole or in part in an area designated as an area where the discharge of firearms
is prohibited under Chapter 8.50 JCC. Shooting rangesOutdoor shooting facilities in such
areas are expressly prohibited.
(b) Permitting the discharge of firearms, the ownership or possession of which is otherwise prohibited by law.
(c) Permitting the use or possession of a firearm by an individual who is otherwise prohibited
by law from owning or possessing that firearm.
(d) Allowing or authorizing the discharge of firearms otherwise prohibited by state or federal law.
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(e) Allowing or authorizing the discharge of tracer or incendiary ammunition.
(f) Allowing or authorizing the discharge of a destructive device as that term is defined in 25
U.S.C. Section 5845(f) or any explosive as that term is defined in RCW 70.74.010(5).
(g) Allowing or authorizing the discharge of a machine gun as that term is defined in 26 U.S.C. Section 5845(b) or RCW 9.41.010(17), unless specifically authorized under RCW 9.41.190(3).
(h) Allowing or authorizing the discharge of a short-barreled rifle or a short-barreled shotgun
as those terms are defined in RCW 9.41.010, unless specifically authorized under RCW
9.41.190(3).
(i) Permitting a commercial shooting facility to maintain or create a public nuisance as defined in Chapter 7.48 RCW, JCC 5.10.050, JCC 8.20.140, JCC 8.30.020, JCC 8.55.070, Chapter 8.70 JCC, Chapter 8.90 JCC, JCC 15.05.100, or Title 18 JCC.
(j) Abridging or altering the rights of action by the state, by the county or by persons, which
exist in equity, common law, or other statutes to abate pollution or to abate a nuisance.
(k) Limiting a court of competent jurisdiction from:
i. Ruling that a commercial shooting facility is a public nuisance; or,
ii. Requiring additional noise, environmental or safety controls as a condition of continued
operation of a commercial shooting facility.
(l) Nullifying or rendering void the terms of any existing or future injunctive order issued by a court of competent jurisdiction pertaining to operations or activities at a shooting range or commercial shooting facility.
8.50.320 Warning and Disclaimer of Liability.
The degree of protection required by this article for commercial shooting facilities is reasonable
for regulatory purposes and is based on available information. This article does not imply that commercial shooting facilities will be free from risk of bodily injury or property damage, even if operated consistently with an operating permit. This article does not create liability on the part of the county or any officer or employee of the county for any bodily injury or property damage that
results from reliance on this article, or any administrative decision made lawfully under this article,
including but not limited to the decision to approve the application for an operating permit. By regulating commercial shooting facilities, the county is attempting to address obvious safety and environmental issues at commercial shooting facilities. Neither this article nor an operating permit issued pursuant to this article may be relied upon as a determination that operation of a commercial
shooting facility consistent with an operating permit renders the commercial shooting facility free
from the risk of bodily injury or property damage.
Planning Commission Recommendations on
Ordinances Modifying Title 8 and Title 18 JCC re Commercial Shooting Facilities To Board of County Commissioners
APPENDIX 3
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COUNTY OF JEFFERSON STATE OF WASHINGTON
An Ordinance Repealing and Replacing Ordinance 15-1214-18 and Amending Title 18 Jefferson County Code related to Commercial Shooting Facilities
} } } }
ORDINANCE NO. __________
WHEREAS, Article XI, Section 11 of the Washington State Constitution, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents as are not in conflict with general laws; and,
WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and
preempts the entire field of firearms regulations within its boundaries, and counties may only enact
ordinances as expressly authorized by RCW 9.41.300; and, WHEREAS, RCW 9.41.300(2)(a) provides an exception to RCW 9.41.290 under which a county may, by ordinance, restrict the discharge of firearms in any portion of its jurisdiction where
there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so
long as such ordinance shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and, WHEREAS, Article VI of the United States Constitution states that “This Constitution,
and the laws of the United States which shall be made in pursuance thereof; and all treaties made,
or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding;” and,
WHEREAS, Article I, Section 2 of the Washington State Constitution states, “The
Constitution of the United States is the supreme law of the land;” and, WHEREAS, there is a fundamental principle of Washington law sometimes called “the preemption doctrine,” that derives from Article VI of the United States Constitution, Article I,
Section 2 of the Washington State Constitution, Article XI, Section 11 of the Washington State
Constitution, and RCW 36.32.120(7) that the Washington Administrative Code (WAC) calls the “Supremacy Principle,” which holds that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict; and,
WHEREAS, under the Supremacy Principle, state statutes and regulations cannot conflict
with the United States Constitution, the Washington Constitution, and federal laws; and, local ordinances and regulations cannot conflict with the United States Constitution, federal laws, the Washington Constitution, or state laws; and,
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WHEREAS, Article I, Section 32 of the Washington State Constitution states, “A frequent recurrence to fundamental principles is essential to the security of individual right and the
perpetuity of free government;” and,
WHEREAS, this Ordinance protects the rights of citizens under Washington Constitution Article I, Section 24 and the Second Amendment to the United States Constitution; and,
WHEREAS, local governments have considerable latitude in exercising police powers and
a regulation is reasonable if it promotes public safety, health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose being pursued; and, WHEREAS, Jefferson County is required to under RCW 36.70A.040 to plan under the
Growth Management Act and must implement its Comprehensive Plan through development
regulations; and, WHEREAS, Jefferson County Code (JCC) 18.45.090 permits the County to amend their development regulations when the amendment is consistent with the Comprehensive Plan and after
referral and consideration by the Planning Commission; and,
WHEREAS, RCW 36.70A.060 requires that development regulations assure the conservation of natural resource lands; and,
WHEREAS, due to the amount of land in Jefferson County owned by the federal and state
governments, areas of protected shorelines, and limited water and septic capacity in other areas of Jefferson County, there are limited areas where residents can live; and, WHEREAS, widely disseminated information exists about uncontrolled incidents at
shooting ranges outside of Jefferson County where people’s safety has been threatened; and,
WHEREAS, commercial shooting facilities are best developed using the best available source information on ensuring minimizing risks from the discharge of firearms and ensuring the greatest level of public safety both on and off these facilities; and,
WHEREAS, the National Rifle Association (NRA) 2012 Range Source Book, which provides the best available guidance to assist in safely planning, designing, constructing and maintaining shooting range facilities, makes clear that following these published best practices minimizes but does not eliminate risks associated with the use of firearms either on or off the
range; and,
WHEREAS, the NRA 2012 Range Source Book, states, “During the planning and design phases of a project, safety must be paramount and health and safety considerations are twofold: (2) ensuring the health and safety of participants, staff and spectators, and (2) ensuring the health
and safety of surrounding inhabitants;” and,
WHEREAS, at outdoor commercial shooting facilities and their surrounding areas, there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized; and,
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WHEREAS, Jefferson County experienced a substantial increase in population density in areas proximate to its existing commercial shooting facilities and the County has an interest in
ensuring the compatibility of commercial shooting facilities with their surroundings and in
minimizing potential safety hazards created by the operation of commercial shooting facilities; and, WHEREAS, public complaints about lack of safety and nuisance noise arising from the operation of commercial shooting facilities in unincorporated Jefferson County have called on the
scarce resources of Jefferson County’s emergency management system and the Sheriff’s Office,
which has the effect of diminishing the availability of these resources for emergency services; and, WHEREAS, Jefferson County has rural areas where commercial shooting facilities may be appropriate, but where emergency services are scarce and adopting a commercial shooting
ordinance which allows only indoor commercial shooting ranges would promote public safety and
preserve precious emergency services; and, WHEREAS, commercial shooting facilities benefit Jefferson County by providing its residents and law enforcement the opportunity to learn firearm safety, to practice shooting, and to
participate in amateur recreational firearm sports in a safe, controlled setting; and,
WHEREAS, target shooting on both national forest lands and state-owned lands (Department of Natural Resources lands) is permitted unless a specific area has been closed for public safety; and,
WHEREAS, twenty percent of the land-base in Jefferson County falls under management where dispersed target shooting can be carried out by anyone who has legal possession of a firearm; and,
WHEREAS, such dispersed, sporadic sport-oriented target shooting is less impactful,
from both a noise impact and a human health impact, than the concentrated impacts posed by outdoor commercial shooting facilities; and, WHEREAS, the BoCC finds it is in the public interest to provide for indoor commercial
shooting facilities in Jefferson County in the face of increasing population pressure and the limited
space where people can live and the extensive percentage of Forest Resource Lands; and, WHEREAS, the Jefferson County Comprehensive Plan Vision Statement approved in 2018 states that “Jefferson County honors and respects the natural world as integral to our health
and lifestyles. The County protects open spaces, shorelines, forests, clean air and clean water,
wildlife and wildlife habitat so that future generations may also practice stewardship of the land, the seas, and the communities of Jefferson County”; and, WHEREAS, Jefferson County’s Comprehensive Plan states that development should
ensure that the County’s quality of life is preserved as it is enhanced; and,
WHEREAS, the Jefferson County Comprehensive Plan states that the County’s agricultural and forest working lands should be protected and conserved; and,
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WHEREAS, the Jefferson County Comprehensive Plan states that the County should conserve the environment, ecologically sensitive areas, natural surface water and recharge areas,
and preclude development and land uses that are incompatible with critical areas; and,
WHEREAS, the Jefferson County Comprehensive Plan states that the purpose of the rural forest district is to ensure forest lands of long-term significance are protected from incompatible uses thereby sustaining the ability of forest resource extraction activities to be
maintained as a viable commercial activity, while allowing for diversity in the size of forest
tracts; and, WHEREAS, lead and other heavy metals at shooting ranges are distributed through spent ammunition, propellants, “lead rain”, shattered bullets, and errant rounds; and,
WHEREAS, lead is a heavy metal hazardous waste that can travel through soils, ground and surface waters, and persist in the environment, bioaccumulating up the food chain; and, WHEREAS, lead is a known health hazard and neurotoxin that can affect humans and
animals alike; and,
WHEREAS, noise pollution above certain levels, particularly persistent, repetitive, percussive noise pollution associated with shooting ranges, is deleterious to humans and animals alike; and,
WHEREAS, technology exists to control such noise pollution at indoor shooting facilities but not at outdoor shooting ranges, where there are no known methods to completely control or eliminate noise leaving outdoor shooting ranges that can reach and negatively impact humans, domestic and wild animals, and where such impacts cannot be fully mitigated; and,
WHEREAS, state of the art HVAC keep air clean for clients and workers; and, WHEREAS, bullet traps at indoor shooting ranges now provide total containment for spent ammunition and contaminants which can be reclaimed and recycled, protecting the
County’s human health and natural resources; and,
WHEREAS, the BoCC adopted Ordinance 12-1102-18 on November 2, 2018 and adopted Ordinance No. 15-1214-18 on December 14, 2018 as reasonable regulations for commercial shooting facilities; and,
WHEREAS, the BoCC did not intend that Ordinance 12-1102-18 be a development regulation as defined in the Growth Management Act (Chapter 36.70A RCW); and, WHEREAS, the BoCC had a reasonable belief that Ordinance No. 15-1214-18 protected
natural resource lands, as required by RCW 36.70A.060; and,
WHEREAS, on September 16, 2019, the Western Washington Growth Management Hearings Board (Growth Board) issued its Final Decision and Order in Case No. 19-02-0003-c, which invalidated the Title 8 Ordinance on the basis that it was a development regulation under
the Growth Management Act and was invalid because it had not been reviewed under the State
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Environmental Policy Act (Chapter 43.21C RCW) and did not comply with the County’s public participation process which requires consideration by the Jefferson County Planning Commission;
and,
WHEREAS, the Growth Board’s September 16, 2019 decision invalidated Ordinance 12-1102-18 and Ordinance No. 15-1214-18 under the Growth Management Act and remanded them to Jefferson County to achieve compliance as addressed in the Final Decision and Order with
compliance due on March 2, 2020; and,
WHEREAS, the Growth Board’s September 16, 2019 decision criticized Ordinance No. 15-1214-18 because it modified the previous shooting facility regulations which only allowed small-scale recreation and tourist uses defined as isolated uses that are leisure or recreational in
nature; and,
WHEREAS, the County finds that the small-scale tourist and recreation limitations, along with other development regulations contained in this Ordinance assure the conservation of natural resource lands, as required by RCW 36.70A.060; and,
WHEREAS, on September 23, 2019 the BoCC referred both Ordinance 12-1102-18 and Ordinance No. 15-1214-18 to the Jefferson County Planning Commission to ensure compliance with the Growth Board’s remand; and,
WHEREAS, the Growth Management Act regulations at WAC 365-196-725(1) require
that the County consider the Supremacy Principle, which states: “Comprehensive plans and development regulations adopted under the act are subject to the supremacy principle of Article VI, United States Constitution and of Article XI, Section 11, Washington state Constitution;” and,
WHEREAS, Policy LU-P-1.2 of the 2018 Comprehensive Plan states that the County must
follow the supremacy principle and “Acknowledge and protect the rights of private property owners in preparing land use, development, and environmental regulations, prohibit arbitrary and discriminatory actions, and preserve reasonable uses for regulated properties;” and,
WHEREAS, because this Ordinance is a development regulation under the Growth
Management Act, the County utilized its public participation process for comprehensive plan amendments and development regulations required by the Growth Management Act, including consideration by the Jefferson County Planning Commission; and,
WHEREAS, the County has fulfilled the requirements of the State Environmental Policy
Act and the has utilized County’s public participation process, including consideration by the Jefferson County Planning Commission; and, NOW, THEREFORE, be it ordained by the BoCC as follows:
Section 1. Modification of Title 18 JCC. Title 18 JCC shall be amended to allow indoor shooting ranges as a discretionary commercial use in all commercial, industrial and general crossroads zones, subject to review under the State Environmental Policy Act. Title 18 JCC shall further be amended to state that outdoor shooting ranges, except for those with that qualify for as a legal
nonconforming use under JCC 18.20.260, shall not be allowed in Jefferson County in order to
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protect the rural lifestyle, peace, health and safety of Jefferson County residents as well and to avoid impacts to both wild and domestic animals. Title 18 JCC shall be modified as set forth in
Appendix A.
Section 2. Findings. The BoCC hereby adopts the above recitals (the “WHEREAS” statements) as its findings of fact in support of this Ordinance.
Section 3. No Effect on the Moratorium Adopted in Ordinance No. 11-0923-19. The moratorium
in Ordinance No. 11-0923-19 is not terminated by the adoption of this Ordinance and continues
until the BoCC determines that the need for a moratorium has ended or until the moratorium terminates of its own accord, if not subsequently extended by the BoCC pursuant to state law.
Section 4. Establishment of a Fee. The department shall charge a fee base fee of $450 plus actual costs incurred (including consultant work) for processing an application for a commercial shooting
facility. This fee shall be added to the Appendix Fee Schedule for the department.
Section 5. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid, then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected.
Section 6. SEPA Compliance. [DESCRIBE SEPA COMPLIANCE HERE.]
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
ADOPTED this _____ day of _________________________ 2019, at ___: ___ a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL: ______________________________ Kate Dean, Chair
______________________________
David Sullivan, Member ATTEST: ______________________________ Greg Brotherton, Member
APPROVED AS TO FORM: ______________________________ ______________________________ Carolyn Gallaway, Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
APPENDIX A
ADDITIONS OR DELETIONS TO DEFINITIONS:
18.10.020 B definitions.
“Backstop” means a barrier that stops or redirects bullets fired on a shooting range, usually directly
behind the target line.
“Baffles” means barriers constructed to contain bullets or to reduce, redirect or suppress sound waves.
“Berm” means an embankment used for restricting bullets to a given area, as a protective or
dividing wall between shooting areas, or for noise abatement.
“Bullet” means a single projectile fired from a firearm.
18.10.030 C definitions.
“Commercial shooting facility” means an indoor shooting facility or outdoor shooting facility
designed and specifically designated for safe shooting practice with firearms, whether open to the
public, open only to private membership, or any combination of the above that for the use of the
commercial shooting facility requires a contract, charges a fee or other compensation, or requires
membership. In addition, where property is used primarily for lawful shooting practice for guests
of the owner, and where the other uses of the property either facilitate shooting practice or are
incidental, intermittent or occasional, it is presumed that the property used for lawful shooting
practices is a commercial shooting facility. The term “commercial shooting facility” does not
include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the
United States, the State of Washington, or any political subdivision of the State of
Washington; and,
(b) Any portion of a privately-owned property used for lawful shooting practice solely by
its owner or the owner’s guests without payment of any compensation to the owner of
the privately-owned property or to any other person. For the avoidance of doubt, where
privately owned property is used primarily for lawful shooting practice for guests of
the owner, and where the other uses of the property either facilitate shooting practice
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or are incidental, intermittent or occasional, it is presumed that the privately owned
property used for lawful shooting practices is a commercial shooting facility.
18.10.060 F definitions.
“Firearm” means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle, short-
barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as those terms
are defined in RCW 9.41.010. The term “firearm” shall not include: (a) devices, including but
not limited to “nail guns,” which are used as tools in the construction or building industries and
which would otherwise fall within this definition; or, (b) a “destructive device” as defined in 18
U.S.C. Section 921(a)(2).
“Firing line” means a line parallel to the targets from which firearms are discharged.
“Firing point” means a location from which one individual fires at an associated target located
down range.
18.10.080 H definitions.
“Hazardous waste” means those solid wastes designated by 40 CFR Part 261 and regulated as
hazardous or mixed waste by the United States EPA.
18.10.090 I definitions.
“Impact area” means the area in a backstop or bullet trap directly behind the target where bullets
are expected to impact or the area downrange where bullets will impact if not captured by a
backstop or bullet trap.
“Indoor shooting facility” means a commercial shooting facility within a fully enclosed structure,
including lawful incidental sales of firearms, ammunition, component parts and accessories.
18.10.130 M definitions.
“Minimal impacts” means impacts that do not cause adverse impacts on the human or natural
environments that cannot be mitigated by conditions of approval.
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“Minimal demands on existing infrastructure” means demands that do not cause the need for
additional infrastructure, including but not limited to roads, fire protection, water, wastewater
disposal or stormwater control that is not provided by the applicant.
18.10.140 N definitions.
“NRA Range Source Book” has the same meaning as in JCC 8.50.220(39) means the 2012
version of the NRA Range Source Book published by the National Rifle Association.
18.10.150 O definitions.
Outdoor Shooting Range. (See “Shooting range.”)
“Outdoor shooting facility” means a commercial shooting facility that is not an indoor shooting
facility.
18.10.160 P definitions.
“Physical containment” with respect to a commercial shooting facility means the use of physical
barriers that are sufficient to contain the projectile from the highest power firearm used on a
shooting range when the shooting range is used in accordance with its operating permit. Physical
containment may include but is not limited to baffles, sidewalls, backstops and berms of adequate
design, quantity, and location to ensure that projectiles cannot escape the commercial shooting
facility.
“Projectile” means an object fired from a firearm.
18.10.170 Q definitions.
“Qualified Shooting Range Evaluator” means a person who has been an NRA range technical
team advisor or who is a professional engineer with expertise in the design of shooting ranges.
18.10.180 R definitions.
“Recreational uses” means those activities of a voluntary and leisure time nature that aid in
promoting entertainment, pleasure, play, relaxation, or instruction.
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“Rules and regulations” with reference to a commercial shooting facility means requirements used
for the safe operation of a commercial shooting facility.
18.10.190 S definitions.
“Shooting range” consists of a firing line or firing points, and an impact area.
“Small-scale recreation or tourist uses” means recreational uses or tourist uses that are reliant
upon a rural setting or location; do not include any new residential development beyond that
allowed in the underlying land use district; and otherwise meet the performance standards in JCC
18.20.350.
8.10.200 T definitions.
“Target” means a mark to shoot at.
“Target line” means the line where targets are placed.
“Tourist uses” means used by persons traveling for pleasure or culture.
8.10.210 U definitions.
“U.S.C.” means the United States Code, as it now exists or is later amended.
18.15.040 Categories of land use.
Land uses regulated under this code are divided into four categories, as identified in Table 3-1.
(1) Uses Allowed. Uses allowed subject to meeting the applicable performance standards
(Chapter 18.20 JCC) and development standards (Chapter 18.30 JCC) and other applicable
provisions of this code (including project permit approval, see Chapter 18.40 JCC, if a building
or other development permit is required) are designated by a “Yes.”
(2) Discretionary Uses. Discretionary uses are certain named and all unnamed uses which may
be allowed subject to the applicable development and performance standards (Chapters 18.20
and 18.30 JCC) and an administrative review of potential impacts are designated by a “D” (for
“discretionary”). On the basis of the administrative review, the administrator may classify the
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proposed “D” use as either an allowed use, a prohibited use, or a conditional use in the particular
land use district affected.
Discretionary, “D,” uses are subject to a Type II administrative review as specified in Chapter
18.40 JCC. Decisions classifying “D” uses made under this section may be appealed to the
hearing examiner (see Chapter 18.40 JCC). The administrator may classify the discretionary use
as an allowed “Yes ” use in the particular district affected, only if the proposed development:
(a) Complies with the applicable development standards of Chapter 18.30 JCC;
(b) Complies with the performance and use-specific standards unique to the proposed use
specified in Chapter 18.20 JCC;
(c) Is appropriate in design, character, and appearance with the goals and policies for the land use
designation and district in which the proposed use is located;
(d) Is consistent with the goals and policies of the Comprehensive Plan and the applicable
regulations of the Shoreline Master Program if the application involves property located within
the jurisdiction of the state Shoreline Management Act, but does not require a shoreline permit;
(e) Will be served by adequate facilities including access, fire protection, water and sewer
facilities (municipal, community, or on-site systems);
(f) Does not include any use or activity that would result in the siting of an incompatible use
adjacent to an airport or airfield (Chapter 36.70 RCW);
(g) Shall not adversely impact the public health, safety and general welfare of the residents of the
county;
(h) Shares characteristics common with but not of significantly greater intensity, density or that
generates more environmental impact than those uses allowed in the district in which it is to be
located; and
(i) Will not result in impacts on the human or natural environments determined by the
administrator to require review as a conditional use.
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If the preceding conditions are not met to the satisfaction of the administrator, the administrator
may either prohibit the use or require a conditional use permit.
18.15.045 Unnamed uses.
This code recognizes that not every conceivable use can be identified and that new uses may
evolve over time. Furthermore, it establishes the administrator’s authority to review proposed
“unnamed” uses for similarity with other uses listed in this code and to ensure consistency of the
proposed use with the applicable district. When a use is not specifically listed in Table 3-1 (or, if
proposed within the Irondale and Port Hadlock UGA, in Chapter 18.18 JCC), it shall be reviewed
as a discretionary “D” use by the administrator, using a Type II process specified in Chapter
18.40 JCC. The administrator shall use the criteria contained in JCC 18.15.040(2) to determine
and establish whether the proposed unnamed use shall be classified as an allowed use, a
conditional use, or prohibited within the applicable district.
(1) When Tables 3-1 and 3A-1 prohibits or authorizes unnamed uses or unnamed facilities in
a zone as a discretionary “D” use, discretional conditional “C(d)” use, or conditional “C” use, the
administrator shall follow the use or facility listed in Tables 3-1 and 3A-1.
(2) Not every conceivable use or facility can be identified and that new uses or facilities may
evolve over time. When it is not clear whether a proposed use or facility is listed in Tables 3.1
and 3A-1 as named or unnamed, the administrator may issue a code interpretation pursuant to
JCC 18.40.360, which shall classify the proposed use or facility as either named or unnamed,
considering the factors listed in Section 18.40.360(4). If classified as a named use, the
administrator shall identify the named use listed in Tables 3-1 and 3A-1. If classified as an
unnamed use, the administrator shall use the criteria contained in JCC 18.15.040(2) to determine
and establish whether the proposed unnamed use shall be classified as an allowed use, a
conditional use, or prohibited within the applicable district.
JCC 18.20.170 Cottage Industry
(1) Purpose. To provide for small-scale economic development activities on residential parcels,
subordinate to the primary residential use, if the administrator finds that such activities can be
conducted without substantial adverse impact on the residential environment and rural character
in the vicinity. The scale and intensity of cottage industries are typically greater than could be
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
accommodated as a home business, but less than would require a land use district designation of
commercial or industrial.
(2) The following list of uses allowable as cottage industries include, but are not necessarily
limited to:
(a) Sales of antiques and collectibles;
(b) Art or photography studios;
(c) Computer software development;
(d) Handicrafts;
(e) Ironworking or blacksmith shop;
(f) Construction office;
(g) Furniture repair or refinishing;
(h) Pottery shop;
(i) Real estate sales office;
(j) Small equipment repair;
(k) Woodworking shop;
(l) Excavating contractors;
(m) Small engine and boat repair; and,
(n) Auto and truck repair and service (excludes auto and truck sales, fuel stations and heavy
equipment repair).
(3) The following occupations are prohibited as cottage industries, except in the West End
Planning Area – Remote Rural (WEPA RR) overlay district (Article VI-L of Chapter 18.15 JCC)
and when located on parcels with direct access to a principal arterial (i.e., Highway 101) in the
Brinnon Planning Area – Remote Rural (BRPA RR) overlay district:
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
(a) Heavy equipment repair shop;
(b) Autobody work or paint shop; and,
(c) Large-scale furniture stripping.
(4) The following occupations are prohibited as cottage industries in all of unincorporated
Jefferson County:
(a) Commercial shooting facilities or uses that are associated with shooting firearms.
The following occupations are prohibited as cottage industries:
(56) All cottage industries shall be subject to the following standards, except as provided for in
the West End Planning Area and Brinnon Planning Area – Remote Rural overlay districts as
specified in Article VI-L of Chapter18.15 JCC, Remote Rural Overlay Districts for the West End
Planning Area and the Brinnon Planning Area.
(a) The cottage industry shall be operated by at least one full-time, bona fide resident in a single-
family residence of the parcel on which the proposed use is being requested.
(b) The cottage industry may not employ more than four employees on the site who reside off the
subject property. Auto and truck repair shall only employ two persons on the site who reside off
the subject property.
(c) Only those buildings or areas as specifically approved by the county may be utilized in the
conduct of business.
(d) Any business requiring customers to visit the site shall provide adequate on-site parking
spaces, in addition to one for each full-time equivalent employee who resides off the subject
property, and two for the owners of the property. All parking spaces shall meet the standards of
JCC 18.30.100.
(e) All structures and outside activities shall be so located or screened from adjacent properties to
avoid disturbances through glare, noise, dirt or other nuisances or hazards.
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
(f) All activity related to the conduct of the business or industry, except for activities related to
the growing and storing of plants, shall be conducted within an enclosed structure or be
sufficiently screened from view of adjacent residences.
(g) All cottage industry activities shall be sufficiently screened from view of adjacent residences,
using site location, topography, landscaping, fencing, the retention of native vegetation, or a
combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130.
(h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the
public roadway which accesses the use, nor generate significant traffic in excess of that normally
generated by typical uses found within the particular district.
(i) No business may provide drive-through service.
(j) Cottage industries shall be limited in their hours of operation. No business on-site customer
service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and
before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday.
(k) The administrator may attach additional conditions or requirements, or may make
modifications to the site plan where necessary to protect the health, safety and welfare of the
public.
(l) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions
of approved cottage industries are permitted, except as specified in Article VI-L of
Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the
Brinnon Planning Area, concerning the rural remote overlay districts.
(m) No exterior display of goods for sale shall be allowed.
(n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the
residential function of the buildings and property shall be maintained.
(o) Any new structure constructed to accommodate the cottage industry shall be limited in scale
so that it is in character with neighboring properties. In no case shall more than 5,000 square feet
of total building area on the property be devoted to the cottage industry.
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
(p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150.
(q) No on-site direct retail sales of products not produced on site are allowed, except for items
collected, traded and occasionally sold by hobbyists, such as coins, stamps and antiques, and
their accessories.
(r) Minimum parcel size shall be one-acre gross site area.
(s) No use shall be made of equipment or material which produces unreasonable vibration, noise,
dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of
adjoining and surrounding property. Any after-hours business activities shall not have noise
impacts discernible beyond the property boundaries.
(t) Not more than one cottage industry shall be allowed in or on the same premises.
(u) The proposed cottage industry shall comply with the standards and requirements of the
Jefferson County environmental health department.
(v) Where shooting firearms is associated with a cottage industry at a property, such property
shall be considered a commercial shooting facility.
(67) Auto repair and service proposals are subject to the following additional requirements:
(a) The proposal shall submit a detailed operating plan in compliance with the latest edition of
the Washington State Department of Ecology’s Guide for Automotive Repair Shops identified as
Publication No. 92-BR-16.
(b) The proposal shall include an operating plan which complies with the Department of
Ecology’s SMM. The submittal shall include a stormwater management plan in compliance with
Chapter 18.30 JCC and include supplemental information which addresses and complies with
Volume IV-2.1 and 2.2 of the SMM.
(c) The operation shall be limited to two stalls or bays for repair and servicing.
(d) The cottage industry shall not store more than three vehicles at any one time awaiting or
departing for or from servicing or repair. This excludes the vehicles being actively serviced in the
facility.
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
(e) A 50-foot buffer shall be maintained from the structure housing the auto repair and service to
all adjacent property lines. [Ord. 15-18 § 1 (Appx. A); Ord. 8-06 § 1]
JCC 18.20.170(4) Standards for Cottage Industries
(4) All cottage industries shall be subject to the following standards, except as provided for in the
West End Planning Area and Brinnon Planning Area – Remote Rural overlay districts as
specified in Article VI-L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West
End Planning Area and the Brinnon Planning Area.
(a) The cottage industry shall be operated by at least one full-time, bona fide resident in a single-
family residence of the parcel on which the proposed use is being requested.
(b) The cottage industry may not employ more than four employees on the site who reside off the
subject property. Auto and truck repair shall only employ two persons on the site who reside off
the subject property.
(c) Only those buildings or areas as specifically approved by the county may be utilized in the
conduct of business.
(d) Any business requiring customers to visit the site shall provide adequate on-site parking
spaces, in addition to one for each full-time equivalent employee who resides off the subject
property, and two for the owners of the property. All parking spaces shall meet the standards of
JCC 18.30.100.
(e) All structures and outside activities shall be so located or screened from adjacent properties to
avoid disturbances through glare, noise, dirt or other nuisances or hazards.
(f) All activity related to the conduct of the business or industry, except for activities related to
the growing and storing of plants, shall be conducted within an enclosed structure or be
sufficiently screened from view of adjacent residences.
(g) All cottage industry activities shall be sufficiently screened from view of adjacent residences,
using site location, topography, landscaping, fencing, the retention of native vegetation, or a
combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130.
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
(h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the
public roadway which accesses the use, nor generate significant traffic in excess of that normally
generated by typical uses found within the particular district.
(i) No business may provide drive-through service.
(j) Cottage industries shall be limited in their hours of operation. No business on-site customer
service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and
before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday.
(k) The administrator may attach additional conditions or requirements, or may make
modifications to the site plan where necessary to protect the health, safety and welfare of the
public.
(l) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions
of approved cottage industries are permitted, except as specified in Article VI-L of Chapter 18.15
JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning
Area, concerning the rural remote overlay districts.
(m) No exterior display of goods for sale shall be allowed.
(n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the
residential function of the buildings and property shall be maintained.
(o) Any new structure constructed to accommodate the cottage industry shall be limited in scale
so that it is in character with neighboring properties. In no case shall more than 5,000 square feet
of total building area on the property be devoted to the cottage industry.
(p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150.
(q) No on-site direct retail sales of products not produced on-site are allowed, except for items
collected, traded and occasionally sold by hobbyists, such as coins, stamps and antiques, and
their accessories.
(r) Minimum parcel size shall be one acre gross site area.
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
(s) No use shall be made of equipment or material which produces unreasonable vibration, noise,
dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of
adjoining and surrounding property. Any after-hours business activities shall not have noise
impacts discernible beyond the property boundaries.
(t) Not more than one cottage industry shall be allowed in or on the same premises.
(u) The proposed cottage industry shall comply with the standards and requirements of the
Jefferson County environmental health department.
(v) Where shooting firearms is associated with a cottage industry at a property, such property
shall be considered a commercial shooting facility.
JCC 18.20.135 Commercial Shooting Facilities
(1) Regulation of the Siting and Development of Commercial Shooting Facilities. The siting
and development of commercial shooting facilities are regulated under Chapter 18.20
JCC. The operations of a commercial shooting facility are regulated under Chapter 8.50
JCC. A commercial shooting facility may only be an indoor shooting facility. No
outdoor Commercial Shooting facilities shall be allowed, excepting for the one existing
non-conforming facility currently operating in Jefferson Countyexcept for those with that
qualify as a legal nonconforming use under JCC 18.20.260.
(2) Facilities Plan. An application for a permit for a discretionary use for all commercial
shooting facilities shall contain a facilities plan that includes:
(a) Locations and dimensions of all walkways;
(b) Locations of all hazardous material storage and use, per a hazardous substance or
hazardous waste management plan, if needed;
(c) The component parts for each shooting range;
(d) Locations and dimensions of firing lines or firing points, target lines and impact areas
including all related buildings;
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
(e) Locations, dimensions and slope of all backstops and side berms, whether natural feature
or manmade and the volume, source, and type of all materials of which they are
comprised;
(f) Locations and specifications of all baffles and containment structures.
(g) Dimensional drawings of physical layout for each of the items listed in this subsection,
drawn at an engineering scale appropriate for the drawings; and,
(h) Horizontal drawings of the baffles and containment structures, and a description of the
materials to be used for them.
(3) Consistency with the NRA Source Book Standards. All commercial shooting facilities shall
be designed to be consistent with the NRA Source Book standards for shooting range design.
(4) Minimum Standards. All commercial shooting facilities shall be designed to meet the
following minimum standards:
(a) Rules and Regulations Required. All commercial shooting facilities shall adopt rules and
regulations as defined in JCC 18.10.180;
(b) Required Security. Commercial shooting facilities shall be designed to provide security
measures to deter unauthorized entry to any shooting range, such as barriers, berms,
cameras, gates, fencing, on-site security personnel, physical limits, or signage; and,
(c) Containment. Commercial shooting facilities shall be designed so that when firearms are
operating in accordance with the rules and regulations as defined in JCC 18.10.180, all
projectiles are kept from leaving any shooting range or the commercial shooting facility.
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
(5) Professional Evaluation.
(a) An application for a discretionary use for a commercial shooting facility shall include a
professional evaluation as required in this subsection.
(b) The Professional Evaluation shall be the responsibility of the county under the direction
of the director and shall be performed by a qualified shooting range evaluator.
(c) If requested, the applicant shall allow for an inspection of the site of commercial shooting
facility by the qualified shooting range evaluator.
(d) The Professional Evaluation shall contain an evaluation of the operating permit
application that shall be performed by a qualified shooting range evaluator (as defined
above) and shall provide a written evaluation of the level of safety of the proposed in the
at the commercial shooting facility, including:
i. An evaluation of how the commercial shooting facility meets the minimum
standards in JCC 18.20.135(4);
ii. An evaluation of all proposed uses to ensure consistency with the NRA Range
Source Book for facility designs and institutional controls;
iii. An evaluation of whether the commercial shooting facility’s uses and institutional
controls described in the application minimize threatened harm;
iv. An evaluation of how the commercial shooting facility’s uses and institutional
controls described in the application protect critical areas and shorelines.
v. The signature of the qualified shooting range evaluator;
vi. The evaluation shall certify a certification that the operating permit application
satisfies all the requirements of this article.
(e) The applicant shall reimburse the county for the actual costs incurred (including
consultant work and the cost of county staff review based on the applicable hourly rates,
less the application fee) of the evaluation.
(6) Protection of Critical Areas and Shorelines. All commercial shooting facilities shall comply
with every applicable provision of the JCC related to protection of critical areas and
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
shorelines (and buffers for all such areas, including but not limited to the buffers required in
Chapter 18.22.JCC (Critical Areas) and Chapter 18.05 JCC (Shoreline Master Program.)
All commercial shooting facilities shall be designed to prevent adverse impacts to critical areas
and shorelines.
(7) Outdoor commercial shooting facilities are further regulated under JCC 18.20.350(8).
JCC 18.20.200(2) on Permitted Home Businesses
(2) Permitted home businesses do not include the following:
(d) Uses that are associated with shooting firearms.
JCC 18.20.350 Small-scale recreation and tourist uses
(1) Small-Scale Recreation and Tourist Uses. Small-scale recreational and tourist uses rely on a
rural location and setting and provide opportunities to diversify the economy of rural Jefferson
County by utilizing the county’s abundant recreational opportunities and scenic and natural
amenities in an environmentally sensitive manner consistent with the rural character of the
county. Upon approval pursuant to this code, these types of uses may be conducted in the land
use districts specified in Tables 3.1 and 3A-1 in JCC 18.15.040 and as provided for in small-
scale recreation and tourist (SRT) overlay districts under JCC 18.15.470 and 18.15.572.
Agritourism on designated agricultural lands is regulated in JCC 18.20.030, agricultural activities
and accessory uses. The following list of uses is not intended to be exhaustive, but rather is
intended to be illustrative of the types of small-scale recreation or tourist uses:
(a) Aerial recreational activities such as balloon rides, glider and parachute events;
(b) Animal preserves and game farms;
(c) Equestrian centers, on parcels 10 acres or larger in size;
(d) Campgrounds and camping facilities;
(e) Commercial fishing ponds;
(f) Cultural festivals;
(g) Miniature golf, not to exceed a gross use area of one acre;
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
(h) Model hobby parks and sites on parcels 10 acres or larger in size;
(i) Outdoor recreational equipment rental and/or guide services;
(j) Outdoor shooting and archery ranges; Outdoor commercial shooting facilities;
(k) Private hunting or fishing camps;
(l) Public display gardens;
(m) Recreational off-road vehicle (ORV) and all-terrain vehicle (ATV) parks and recreational areas on parcels 20 acres or larger in size;
(n) Recreational, cultural or religious conference center/retreat facilities on parcels 10 acres
or larger in size;
(o) Recreational vehicle parks, travel trailer parks, and commercial campgrounds on parcels at least five acres in size;
(p) Rural restaurants, only when associated with a primary recreational or tourist use; and
(q) Rural recreational lodging or cabins for overnight rental on parcels 10 acres or larger in
size.
(2) Unnamed Small-Scale Recreation or Tourist Uses. Other uses not specifically named above
may be classified as small-scale recreational and tourist uses by the administrator, subject to the
provisions of this section, upon documentation by the applicant that the proposed use is
dependent upon a particular rural location or setting and is consistent with the intent and
application of RCW 36.70A.070(5)(d) and the Jefferson County Comprehensive Plan.
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APPENDIX 3 (PLANNING COMMISSION RECOMMENDED TITLE 18 ORDINANCE)
CHANGES TO THE USE TABLE:
Table 3A-1. Allowable and Prohibited Uses
Resource Lands Other Zones Types
Agricultural
– Prime and Local
Forest – Commercial,
Rural and Inholding
Other Zones Where Only Indoor Commercial
Shooting Facility Allowed
Other Zones Where No Shooting Facility
Allowed
Specific Land Use AG CF/RF/IF Convenience Crossroad (CC), General Crossroad (GC), Heavy Industrial (HI), Industrial, Light Industrial/Commercial (LI/C), Light Industrial (LI), Light Industrial/Manufacturing (LI/M), Irondale and Port Hadlock Urban Growth Area (UGA), Neighborhood/Visitor Crossroads (NC), Parks, Preserves and Recreation (PRR)
Rural Residential – 1 DU/5 Acres (RR 1:5), Rural Residential – 1 DU/10 Acres (RR 1:10), Rural Residential – 1 DU/20 Acres (RR 1:20),
Indoor commercial
shooting facility
No NoC C No
Outdoor
commercial
shooting facilityranges
No C No No
SEE REVISED TABLE – SEPARATE DOCUMENT